Disability Benefits Attorneys
For some employees, there are certain safety nets in place in the event that the employee is unable to work, either in the short term or the long term, due to a disability. The employee may seek benefits through various government programs, including Social Security, or benefits guaranteed to them under laws like the Employee Retirement Income Security Act (ERISA) or the Consolidated Omnibus Budget Reconciliation Act (COBRA).
These benefits may require complicated application processes and strict deadlines. An employer may also unfairly deny the benefits. For those seeking disability benefits, an attorney can assist in ensuring a worker is able to access the full range available to workers.
Philadelphia Disability Benefits Lawyer
There are many complicated factors that go into decisions about disability benefits. Having a knowledgeable Philadelphia disability benefits lawyer advising and representing you can make a significant difference in your outcome, regardless of the type of benefits sought.
At Console Mattiacci Law, LLC, we assist people facing short-term and long-term disability in Pennsylvania, New Jersey and New York in obtaining the benefits they deserve, whether it involves helping with the application process or seeking benefits wrongfully denied by an employer. Call us today at 215-545-7676 to schedule a consultation if you are seeking to apply for disability benefits.
Differing Disability Benefit Programs and Laws
The benefits available to a person depend on his or her specific situation and vary widely from employee to employee. An attorney can help person identify the most appropriate option or options.
The Employee Retirement Income Security Act of 1974 is a federal law that regulates private benefit plans. An employer does not have to offer a benefit plan to employees, but if it does, the plan must meet certain minimum requirements under ERISA regarding the participation, vesting, benefit accrual and funding, and must provide sufficient accountability to plan fiduciaries. Participants must be provided with certain information about their plan.
In some circumstances, an employer may wrongly deny or unnecessarily delay care. They may say that the employee’s plan does not cover the type of injury, or deny that an injury was work-related of the plan only cover work-related injuries.
When an employee of most companies with 20 or more employees loses his or her job or his or her work hours are substantially reduced, the employer is often required under the Consolidated Omnibus Budget Reconciliation Act to offer benefits from a group health insurance plan to both the employee and qualified individuals in his or her family. A spouse of an employee may be entitled to COBRA coverage, as well, in the event of a divorce or death of the employee.
The beneficiary must pay for the coverage, for up to 102 percent of the cost. COBRA application can be complicated, and missing a deadline could result in the employee losing his or her opportunity to participate.
Long-Term Disability Insurance
An employee may have purchased a long-term disability (LTD) insurance policy, or it may be a part of an employee’s benefit package.
LTD policies are there for employees who, due to a non-work-related illness or injury, are no longer able to work. They may entitle the employee to health benefits and/or income. An attorney can help ensure that an employee’s LTD rights are protected.
Social Security Disability
Social Security Disability Insurance (SSDI) is a federal program that provides benefits to workers who cannot work because of a disability.
It is important to meet all necessary deadlines and submit all appropriate paperwork with sufficient evidence. Many SSDI claims are denied. If a claim is denied, the applicant is entitled to a hearing before an administrative law judge. A disability lawyer can help a disabled worker with the application process and represent him or her in any hearing.
Console Mattiacci Law, LLC ǀ Philadelphia Attorney to Assist You for Disability Benefits
If you have become disabled and can no longer work, it’s important to take full advantage of all benefits you have access to. At Console Mattiacci Law, LLC, we are skilled with helping employees with short-term and long-term disabilities receive the benefits to which they are entitled in the Philadelphia area and throughout Pennsylvania, New Jersey, and New York. For a consultation, call us today at 215-545-7676.