Washington D.C. Long Term Disability Attorney
Why Hire Us for Your Long-Term Disability Claim?
Dealing with long-term disability claims is tough—especially when the insurance company controls the process. Even though these claims are regulated under federal law (ERISA), the same company that decides whether your claim gets approved is also the one that has to pay it. That’s a serious conflict of interest. Because of this, many legitimate claims get denied. If you don’t provide the right wording, documents, or meet strict deadlines, your application could be automatically rejected—even if you clearly qualify for benefits.
At Donahoe Kearney, we help people navigate this complicated process. Our experienced long-term disability attorneys evaluate your situation, give you clear advice, and handle your claim or appeal. With the right legal help, you can get the benefits you deserve and avoid losing out on life-changing payments.
3 Truths About Long-Term Disability Insurance in DC
1. The Disability Claim Process Depends on Your Claim Type
There are several types of disability claims, including short-term disability, long-term disability (LTD), Social Security Disability, ERISA and non-ERISA claims, and Family and Medical Leave Act (FMLA) claims. Each has its own rules, deadlines, and processes. Some claims move quickly; others take longer. If a serious injury or health condition prevents you from working, you need to act fast to secure income replacement. Whether you have an employer-provided long-term disability policy or purchased your own, our attorneys understand the process and can help you take the right steps.
2. Long-Term Disability Appeals Require Strong Evidence and Fast Action
If your claim is denied or benefits are stopped, you must file an appeal—and it goes right back to the insurance company. Everything you submit becomes part of your administrative record, which is critical for winning your case. Our appeals often include a detailed legal argument (over 20 pages) and 75-100 pages of medical and vocational evidence.
ERISA claims come with strict deadlines. You have 180 days to appeal after a denial, and the insurance company has 45 days to respond. That’s not much time. Missing a deadline or leaving out evidence can ruin your chances. Our attorneys make sure your appeal is thorough, timely, and sets you up for success.
3. An Experienced Attorney Makes the Process Smoother
Insurance companies want you to give up. Don’t. We can review your denial letter for free, explain your policy and next steps, and build a strong appeal to increase your chances of winning. If you’re facing a denial, our legal team will handle the heavy lifting so you can focus on your health.
Long-Term Disability vs. Workers’ Compensation
Here’s the main difference: Workers’ comp covers only work-related injuries and includes medical care, while long-term disability (LTD) covers injuries or illnesses that happen anywhere—not just at work. LTD pays monthly benefits but doesn’t include medical care. Both systems are complex, but LTD claims are especially strict and often require legal help.
How to Qualify for Long-Term Disability Benefits
Private Disability Insurance
This type of policy can replace your income if you can’t work. To qualify, you must prove you can’t perform your own occupation (own-occupation) or any job at all (any-occupation). Each policy is different, and the terms can be tricky. Our attorneys help you make sense of it all.
ERISA Disability Benefits
These are employer-provided policies with short deadlines and strict requirements. If your claim is denied, appealing under ERISA can be challenging without legal experience.
Common Reasons for LTD Denials
- Not Meeting the Definition of Disability: Own-occupation policies mean you can’t perform your specific job, while any-occupation means you can’t work at all. Some policies shift from one definition to the other after a set time.
- Insufficient Evidence: Missing medical records or gaps in treatment can lead to denial. Always provide thorough documentation and regular follow-up care.
- Missed Deadlines: You have 180 days to appeal. Act quickly—time goes fast.
What Should You Do If Your Claim Is Denied?
- Reread Your Policy: Understand why you were denied.
- Gather Medical Evidence: Provide complete records, new tests, and doctor statements.
- Hire an Attorney: We’ll clarify your policy, gather evidence, and craft a strong appeal.
At Donahoe Kearney, we’ve been helping DC workers for over 30 years. We’re here to guide you through the process and fight for the benefits you need. Don’t wait to get the help you need. Give us a call at 202-393-3320.
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We’ve been helping people in Washington, D.C., Maryland, and Virginia with serious injuries for over 30 years.
You’re here because of a serious injury or medical condition. Now you’re dealing with an insurance company. You want your life back. We get that. We help guide you through this process so you can stand up to the insurance company and get back your financial security, control and independence.
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Nationally recognized, Board Certified trial lawyers.
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300+ five star reviews on Google
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12 published books, guides and reports to help you understand the legal process.
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We make it easy for you. We take away the stress, anxiety and uncertainty so you can focus on getting better.
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Success Story
This is why we do this!
September 9, 2024Frank Kearney is an AMAZING attorney. He treated my son and I like family and continues to treat us as such. He took care of handling my son’s case with care and professionalism. He is the best lawyer you could have in your corner!!
LaTonya Hamilton