What You Should Know About Long-Term/Permanent Disability

Our disability lawyers in Bakersfield have fought countless cases and recovered millions in settlements. We want to share valuable insights about the reality of permanent disability cases in the legal landscape

Most Americans ignore their state’s disability benefits until it becomes too late. Should you ever find yourself in a state of disability due to medical reasons or others, unable to return to work and experience life with the same quality as before, you must make use of the state’s disability law to recover and return to normalcy.

The Law Office of Joseph Pluta can be the cornerstone of your new life, where you can focus on rest and recovery while leaving the long-winded legal processes and paperwork to us. Having helped countless clients in the past with our practical and invincible long-term disability advocacy, we know what will work for your unique situation to ensure that speedy compensation recovery becomes a reality. Our compassionate and communicative legal expertise comes with a “first consultation free” offer, so what are you waiting for?

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Understanding the Difference Between Long-Term and Short-Term Disability

Let us highlight the differences between the benefits associated with short-term and long-term disability insurance policies

Parameter Short Term Disability Long Term Disability
Compensation 40%-70% of base salary 50%-70% of wage replacement
Nature Non-work-related illnesses or injuries that prevent the victim from working for some time Non-work-related illness or injury that completely prevents the victim’s ability to work
Benefit Eligibility Period 3-6 months Two years to retirement age after short-term benefits end
Waiting Period 90 days 3-26 weeks

Types of Permanent Disability (PD) Benefits

There are two basic categories for permanent disability benefits: Total Permanent and Partial Disability Benefits, aka Impairment Income Benefits (IIB). Let’s look at the differences between both:

Permanent Total Disability Permanent Partial Disability
Eligibility Individuals with a PD rating of 100% since their workplace injury renders them unable to work at their previous capacity for the rest of their lives Individuals who may not be 100% disabled and can return to the workforce sometime in the future
Compensation Two-thirds of the pre-injury weekly wage Two-thirds of the pre-injury weekly wage
Additional Benefits May be eligible for Social Security Disability Benefits and Temporary Total Disability Benefits depending on the approved state rates May be eligible for Temporary Partial Disability if the injured worker cannot perform light-duty tasks at all and may have to recover fully to their pre-injury capacity

No Matter Your Industry in Bakersfield, We Have
You Covered!

We cast a wide net when seeking justice for your workers' compensation to ensure you have solid evidence for recovering the justice you deserve. Our team of trustworthy legal experts can help you win your case, no matter how “strong” the opponent. Some of the industries we cover are:

Farm & Agriculture

Construction

Mining

Manufacturing

Oil &
Drilling

Wholesale &
Retail Trade

Transportation
and utilities

Education and
Health Services

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Learn If You Qualify For Permanent Disability In California

If you have exhausted your temporary disability benefits and your insurer-approved physician deems your condition as “maximum medical improvement,” you may be considered for permanent disability benefits. Your approved physician must declare your medical condition stagnant, i.e., neither improving nor worsening. However, you must know that it may take several weeks to months before you start receiving permanent disability benefits. You must check the following criteria to know whether you qualify:

  • Your Primary Treating Physician (PTP) must prepare a “Permanent and Stationary” report of your disability within 20 days of determining the unchanging nature of your medical condition. Such a report should contain:
    • Description of the permanent disabilities
    • Limitations imposed by the disabilities on your working capacity
    • Possible future treatments required for the disability
  • Your PTP should also include a “Whole Person Impairment” (WPI) rating for every permanent disability based on the standardized ratings provided by the American Medical Association.
  • The employer must provide a workers' compensation claim form.
  • The doctor's report should also mention whether the disability was harbored by factors other than the workplace injury or any other work-related cause

If you believe your PTP’s rating was incorrect and would like to challenge it, you can consult your Qualified Medical Examiner (QME) for a second opinion. You can also request more compensation from a workers’ compensation judge with the help of expert legal guidance from an experienced permanent disability lawyer, such as from The Law Office of Joseph Pluta.

What You Should Know About Employer-Sponsored Disability Insurance

Here's what our California long-term disability attorney has to say about the disadvantages of employer disability insurance

Several private businesses offer disability insurance as part of their social security coverage in exchange for a fraction of their employees' salaries. These insurance plans are meant to protect employees’ financial state in the event of an unforeseen accident or injury that leaves them unable to work temporarily or lifelong. However, as an employee, you must know and understand the following disadvantages of permanent disability:

Employer-sponsored disability programs do not cover 100% of the lost income, but rather, only 60%

Your benefits may be taxed if your coverage is paid before taxation

You must wait for a certain period ranging from 30 days to 2 years according to your employer’s plan before you can start collecting benefits

You have no control over negotiating for a lower waiting period

Your employer’s insurance plans may or may not include your disability category

If you qualify for state disability benefits or Social Security Disability Income (SSDI) benefits, your total payout may be reduced by an equal amount from your employer’s insurance benefits

Employer-sponsored insurance plans are not portable, so they end with the end of your employability

Being an umbrella insurance coverage, you may not have the option to select a plan that best suits your circumstances

Seeing how your employer’s insurance coverage limits your disability compensation, we suggest you be proactive about your condition and seek legal counsel from our disability lawyers in Bakersfield as soon as possible.

Why You Must Consult Our Disability Attorney Bakersfield, CA

Is your medical condition preventing you from working at full capacity, but the complex maze of state disability benefits deters you from pursuing the financial relief you deserve? Our long-term disability lawyer can leverage their expertise and experience to help you get your benefits and rights!

Living with a disability should not have to be faced with mounting medical expenses, lack of financial support, and the overwhelming frustration of juggling bureaucratic red tape with the demands of your disability. This is why our California long-term disability lawyer can help you live an easier life by navigating the legal complexities of state social security for disability. Furthermore, we will explain in detail all your rights, the statute of limitations, and the legal conditions surrounding your disability so that you may make an informed choice for the benefits you deserve. Living with a disability should not have to be faced with mounting medical expenses, lack of financial support, and the overwhelming frustration of juggling bureaucratic red tape with the demands of your disability. This is why our California long-term disability lawyer can help you live an easier life by navigating the legal complexities of state social security for disability. Furthermore, we will explain in detail all your rights, the statute of limitations, and the legal conditions surrounding your disability so that you may make an informed choice for the benefits you deserve.

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Personal Injury Claims We Handle

Our disability attorney in Bakersfield, CA, has extensive experience gathered from their practice of successfully claiming disability benefits for several clients. We can help you with long-term and short-term disability settlements for individuals and groups in:

  • Depression
  • Spinal disorders/neck and back
  • Mental illness
  • Chronic headaches
  • Arthritis
  • Cancer
  • Orthopedics
  • Medicine side effects
  • Anxiety
  • Multiple sclerosis
  • Cognitive impairment
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California Long-Term Disability Lawyers With Proven Expertise

We don’t believe in making tall claims or making castles in the air like some of our professional counterparts. Being responsible lawyers for long-term disability california

  • Proactive Legal Support
  • Se Habla Español!
  • 57+ Years of Excellence
  • Compassionate Support
  • 6000+ Clients Served
  • Clear & Constant Communication
  • No Upfront Costs
  • We Win, or You Pay Nothing!
  • Prompt Appointments are available, including on Saturdays & Evenings
  • Assiduous Handling of Legal Documentation
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What People Say

After suffering a permanent injury at work, I was uncertain about how to navigate the legal process. The Law Office of Joseph Pluta was incredibly supportive throughout the entire process. Their team explained every detail of my case and fought hard for the compensation I deserved. Their dedication was evident from the start, and I couldn't have asked for more experienced disability lawyers in Bakersfield. If you're dealing with long-term disability and need legal help, this is the firm to trust!

Fedrik Alfredo

My permanent disability claim seemed overwhelming, but The Law Office of Joseph Pluta made everything straightforward. Their knowledge of disability law and their tireless work on my behalf gave me peace of mind during a tough time. The team was always available to answer my questions and guide me every step of the way. I highly recommend them to anyone in Bakersfield seeking compassionate and professional disability lawyers. If you're dealing with a long-term disability case, look no further!

Narnia Steva

I needed help with my permanent disability case, and The Law Office of Joseph Pluta exceeded my expectations. They were patient, attentive, and truly cared about my situation. Their expertise as long-term disability lawyers in Bakersfield was clear, and I felt confident knowing they were advocating for me. The outcome was better than I had hoped for, thanks to their hard work and dedication. If you need skilled disability lawyers in Bakersfield, this is the firm to call!

Alicent Steva

Frequently Asked Questions

Find answers to commonly asked questions about our permanent disability lawyer

Our long-term disability (LTD) or permanent disability attorneys at The Law Office of Joseph Pluta typically do not charge any money up-front and instead handle disability cases on a "contingency" basis. This means that our attorney is compensated for the proceeds of your case, which is precisely the long-term disability benefits you win. The lawyer usually receives 25% to 40% of your LTD settlement or monthly benefits in this arrangement. It's important to note that your attorney doesn't collect a fee if you don't win your LTD case.

There are no conditions that automatically qualify for disability benefits, but some conditions may be easier to qualify for than others. The Social Security Administration has prepared a "Blue Book" listing impairments or medical conditions that they consider severe enough to be disabling and prevent a person from working. Common disabilities contained in the Blue Book include:

  • Musculoskeletal problems, such as arthritis,back injuries, fibromyalgia, and Reflex Sympathetic Dystrophy
  • Cardiovascular conditions, including heart failure, coronary artery disease, hypertension, angina, and abnormal heart rhythm
  • Respiratory illnesses, including chronic pulmonary hypertension, asthma, and cystic fibrosis
  • Sense and speech issues, such as vision and hearing loss
  • Mental conditions, such as depression, anxiety, autism, schizophrenia, post-traumatic stress disorder, and intellectual disabilities
  • Neurological disorders, such as Multiple sclerosis, cerebral palsy, Parkinson’s disease, epilepsy, neuralgia, and chronic fatigue syndrome
  • Immune system disorders, such as HIV/AIDs, lupus, and rheumatoid arthritis
  • Digestive tract illnesses, including liver disease, irritable bowel syndrome, and short bowel syndrome
  • Skin problems, such as dermatitis and burns
  • Genitourinary conditions, such as chronic kidney disease and nephrotic syndrome
  • Hematological diseases, such as bone marrow failure, thrombosis, hemostasis, and hemolytic anemia
  • Cancer, including lung cancer, mesothelioma, breast cancer, and most other types of cancer

Non-visible disabilities include a wide range of disabilities that are not readily apparent and, hence, diagnosable. These are not limited to but may include:

  • Mental health conditions, including anxiety, depression, schizophrenia, personality disorders, obsessive compulsive disorder
  • Autism and Asperger’s syndrome
  • Visual impairments or restricted vision
  • Hearing loss
  • Sensory and processing difficulties
  • Cognitive impairment, including dementia, traumatic brain injury, or learning disabilities
  • Non-visible health conditions, including diabetes, chronic pain or fatigue, respiratory conditions, incontinence

Remember, Social Security Disability benefits are for people whose disabilities significantly affect their ability to work and do daily tasks. Commonly approved conditions include

  • Mental health conditions, including anxiety, depression, schizophrenia, personality disorders, obsessive compulsive disorder
  • Musculoskeletal disorders (like severe back pain or arthritis)
  • Cardiovascular diseases (such as heart failure)
  • Neurological disorders (like epilepsy or multiple sclerosis)
  • Mental health conditions (like severe depression or schizophrenia).

These conditions must be well-documented and proven to impair an individual’s ability to work for a long time. The severity and long-term nature of the disability are crucial factors for approval. Navigating this process can be tough, but The Law Office of Joseph Pluta can help by gathering and presenting all necessary medical documentation and ensuring that your condition’s severity and long-term impact are effectively communicated to the Social Security Administration.

If you can't work part-time or find a job that offers some support without exceeding the limit, there are other ways to generate income. Some may consider withdrawing from their 401(k) or another retirement fund to cover expenses until disability payments kick in. Others might explore options like refinancing their homes, using credit cards, or seeking financial assistance from friends or family. While these can be viable choices, viewing them as last-resort options is best. If you're currently facing significant financial difficulties, you may not be able to repay loans even after your disability payments start coming in.