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Fort Collins Disability Law Attorney

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The legal system for disability in Colorado and the greater United States is complex. However, contacting a Fort Collins disability law attorney can allow you to obtain the compensation you need. Your attorney will be your biggest advocate in obtaining disability benefits.

Some people spend months or years working on their disability applications and appeals only to be denied because they did not meet the requirements or filled out their applications incorrectly. If you believe you should receive disability benefits, contact our attorneys immediately to begin your process.

McDermott Law, LLC, Can Fight for You

When you cannot work or earn a living, we can help you seek proper compensation. We work with disability claims including, but not limited to:

  • Long-Term Disability: These cases involve private insurance companies or employers who refuse to pay disability income to people who have become too disabled to work. These policies exist to provide benefits to people who need them, so we step in when they do not pay.
  • Personal Injury: When your disability stems from someone else’s negligence, you may be entitled to compensation. If you sustained an injury because of a slip-and-fall, defective product or process, or workplace accident, you may have a valid claim. You might be able to get reimbursement for medical bills, lost wages, pain and suffering, and other damages.
  • Doctor and Dentist Disability Claims: If you are a doctor or dentist in Colorado, you may have a professional insurance policy if you become disabled and unable to practice your profession. Our team can help you through the process of seeking your income replacement.
  • Insurance Disputes and Bad Faith Claims: Sometimes, insurance companies deny claims and are in the right to do so. Other times, insurers deny valid claims without proper reason or delay payments. If you believe your insurer has acted unfairly with a denial, delayed payment, or unfair settlement, you may have a bad faith claim. Bad faith refers to the company’s reckless disregard for your rights.
  • ERISA Claims and Appeals: The Employee Retirement Income Security Act (ERISA) is the federal law that governs employer-sponsored health plans. Suppose your claim to long-term disability benefits has been denied. In that case, you can appeal the decision through ERISA.
  • Individual Disability Insurance: Private disability insurance policies are complex. It can be difficult to understand and fight for something you do not understand. Our team can help translate your policy, explain what it covers, and advocate for your deserved compensation.
  • Life Insurance Denials: If you are the beneficiary of a life insurance policy, you may seek a payout from a deceased loved one’s plan. In this challenging time, we can be your advocate. Insurance companies find multitudes of reasons to deny a claim. You should be able to grieve appropriately instead of dealing with a possible denial. We can take on the insurance companies for you and your family.

Why Is Getting Disability So Difficult?

Determining if a disability qualifies you for disability benefits can be complex in Colorado. Getting what you deserve can be difficult whether you apply for PERA benefits, fight for long-term disability insurance benefits, or incur a personal injury.

We at McDermott Law, LLC, understand the complexities of disability law and overcome them with our extensive knowledge and experience. Some common difficulties that our clients run into before coming to us are:

  • Disability Definition Confusion

Definitions regarding what constitutes not being able to work can be strict. These definitions can make it difficult for people with a disability to understand why their specific condition may have been rejected or denied proper benefits.

Conditions that significantly prevent an individual from walking, standing, lifting, sitting, or thinking are meant to be approved conditions since they prevent basic work functions. Despite this, providing enough evidence to support your claim can take time and effort.

  • Burden of Proof Issues

Many disability-related cases, like worker’s compensation, require a high burden of proof for a successful outcome. For example, burdens of proof may include evidence that an insurance company acted in “bad faith” when denying your claim or that a work injury occurred because of your nature of employment or workplace conditions. Alone, these may be insurmountable challenges.

McDermott Law, LLC, can handle these challenges for you when you employ our services. Our goal is always to minimize the obstacles to you receiving rightful compensation. We take pride in building strong cases for our clients, negotiating with insurance companies, and representing clients in court when necessary.

How Disability Attorneys Can Help You

Our disability attorneys are skilled in helping you overcome obstacles. They also have the legal fortitude you can count on in your disability process. Our attorneys are skilled at the following:

  • Communicating the Complexities of Disability Law

Disability law is a complex field. Some intricate rules and regulations can be challenging for those who are not professionals in the area. Disability attorneys can translate legal jargon into terms that help you understand the process. We explain your rights and responsibilities and ensure you can make informed decisions throughout your claim or appeal process.

  • Gathering More Than Just Medical Records

Medical records are vital to a disability application or claim. There is no case without them, and typically, agencies immediately deny claims without medical documentation. However, the most robust cases may require more than just medical records. Additional evidence can be the difference in a disability case. Examples of proof we help gather are:

  • Vocational statements,
  • Witness testimony, and
  • Functional capacity evaluations.

These extra pieces of evidence can help properly display your disability limitations and how they impact your ability to work, which can be crucial to your application or claim.

  • Preventing Mistakes in the Process

A single mistake in the disability process can be the difference between it taking years to receive benefits instead of months. Disability claims have deadlines that, if missed, can prevent forms from being submitted. Complex procedures require the right knowledge at the right time to be successful. Having an attorney who has done it before can prevent errors and ensure that you file your claim correctly and meet all requirements.

  • Granting You Peace of Mind

While facing a disability can be overwhelming, you are not alone when you consult McDermott Law, LLC. Stress from the Colorado legal system falls on us, not you. We work to handle all the legalities of your disability issue, allowing you to focus on your or your loved one’s health. Our team takes pride in providing you with peace of mind during your challenging time.

FAQs:

How Much Is the Average Disability Check in Colorado?

Disability check amounts in Colorado can vary depending on someone’s circumstances. Many factors go into the determination of disability amount, including:

  • Average earnings from your lifetime employment,
  • Number of dependents you have,
  • Any other disability resources you currently have, and
  • Cost of living in the place you live.

Disability resources that do not affect your disability check amount are payments from the Department of Veterans Affairs, Supplemental Security Income, pensions, and insurance companies.

Is Getting 100% Disability Hard?

Receiving 100% disability can be difficult for most people because of the standards required. Some disability agencies base benefits on an individual’s inability to perform past work due to their condition. While it is not impossible, and medical conditions can be debilitating, it is a high standard to have a medical condition remove someone from their field of work altogether.

Other agencies may base their requirements on time worked, which can be difficult for people who worked intermittently.

dditionally, to prove disability qualifications, you must have extensive medical evidence and successfully navigate the disability determination process.

What Qualifies You for 100% Disability?

To qualify for 100% disability, you need to meet the full definition of having a disability or have worked long enough according to an agency’s preference.

Typically, you must be unable to perform any past relevant work or perform any additional relevant work, and your condition must be expected to last for at least a full year or result in death. For some agencies, your condition should prevent you from sitting, standing, walking, lifting, or thinking.

Conditions that may qualify someone for 100% disability include:

  • End-stage organ failure,
  • Amputation of a limb, and
  • Severe mental impairments.

How Much Does Disability Pay in Colorado?

The amount disability pays in Colorado depends on your unique circumstances. It helps to have a disability lawyer to work with your case and inform you of their estimate of what you would receive in disability pay.

Factors like lifetime employment earnings, credits accumulated, the number of dependents, and the cost of living influence the amount of disability pay you may receive in Colorado.

Let Us Fight for Your Disability Rights in Fort Collins

Our experienced Fort Collins disability law team understands the challenges you face. We help you overcome obstacles and move toward a better future. If you need someone to fight for your rights in Colorado, contact McDermott Law, LLC, today for a consultation. We can help you secure the financial support you need so you can focus on your well-being.

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