Address: 408 18th Street Bakersfield, CA 93301
Email: sandy.pluta.law@gmail.com
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?
Consult Our Lawyers NowLet 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 |
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 |
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
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:
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.
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.
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.
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:
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
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:
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:
Remember, Social Security Disability benefits are for people whose disabilities significantly affect their ability to work and do daily tasks. Commonly approved conditions include
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.