Best Disability Insurance Lawyers in New Hampshire

About Disability Insurance Law in New Hampshire, United States

Disability insurance provides financial protection to individuals who are unable to work due to a qualifying physical or mental disability. In New Hampshire, disability insurance can be offered through private insurance companies, employer-sponsored plans, or public programs such as Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). The state does not have its own separate disability insurance program, so residents often rely on federal programs or private policies to cover disability-related expenses. Understanding your rights and the terms of your coverage is important to ensure that you receive the benefits you are entitled to in the event of a disability.

Why You May Need a Lawyer

Disability insurance claims and policies can be complex, and legal assistance is often beneficial in many situations. Common reasons for seeking a lawyer include:

• Having a disability claim denied by an insurance company or the Social Security Administration
• Needing help appealing a denial or terminated benefits
• Dealing with delays or lack of communication from insurers
• Facing accusations of fraud or misrepresentation related to a claim
• Understanding the terms and limitations of your policy
• Handling disputes over the amount or duration of benefits
• Receiving a settlement offer and wanting to ensure it is fair

An attorney experienced in disability insurance law can help you navigate the process, advocate on your behalf, and increase your chances of a favorable outcome.

Local Laws Overview

Disability insurance in New Hampshire is governed primarily by federal programs such as SSDI and SSI, as well as by policy contracts regulated under state insurance laws. Here are some key aspects:

• No state-mandated disability insurance program exists in New Hampshire.
• Private disability policies are regulated by the New Hampshire Insurance Department, ensuring fair practices and adherence to state insurance laws.
• Employer-provided plans may be subject to the federal Employee Retirement Income Security Act (ERISA), which sets standards and procedures for handling claims and appeals.
• Eligibility for SSDI and SSI is determined federally by the Social Security Administration, but claims can be appealed and reviewed at the state level.
• There are laws against unfair claims settlement practices, which require insurers to process claims promptly and fairly in New Hampshire.

Being familiar with these laws can help applicants understand their rights and what to expect during the claims process.

Frequently Asked Questions

What types of disability insurance are available in New Hampshire?

Residents can purchase private short-term and long-term disability insurance, obtain employer-sponsored plans, or apply for federal benefits such as SSDI and SSI.

Is there a state disability insurance program in New Hampshire?

No, New Hampshire does not offer a state-run disability insurance program. Residents rely on private coverage and federal programs.

How do I qualify for Social Security Disability benefits?

Eligibility depends on meeting the Social Security Administration's definition of disability, having sufficient work credits (for SSDI), or meeting income and asset limits (for SSI).

What should I do if my disability claim is denied?

Request a written explanation for the denial, review your policy or SSA letter, and consider seeking legal advice to file an appeal within the deadline.

Can I receive both SSDI and private disability insurance benefits?

Yes, but your private benefits may be offset or reduced by the amount you receive from SSDI, depending on your policy terms.

How long do disability benefits last?

The duration depends on your policy. Short-term disability generally lasts up to six months, while long-term policies may cover several years or until retirement age. SSDI continues as long as you meet the disability and non-employment criteria.

What qualifies as a disability?

Each insurer and the SSA have their own definitions. Generally, a disabling condition prevents you from performing the duties of your job or any job, depending on the policy language.

Are mental health conditions covered by disability insurance?

Many plans include coverage for mental health disabilities, but there may be limitations on duration or specific requirements for documentation.

How long does it take to process a disability claim?

Processing times vary. Private claims may take a few weeks to several months. SSI and SSDI applications frequently take several months and may require appeals or hearings.

Can I work part-time and still receive disability benefits?

Possibly. Both private and public programs have specific rules about working while receiving benefits. Earning above a certain threshold may impact or terminate your eligibility.

Additional Resources

There are several organizations and agencies that provide information and assistance regarding disability insurance in New Hampshire:

• New Hampshire Insurance Department: Offers guidance and handles complaints regarding private insurance providers.
• Social Security Administration: Administers federal SSDI and SSI benefits, and manages applications and appeals.
• New Hampshire Bar Association: Connects individuals with attorneys experienced in disability law.
• Granite State Independent Living: Supports people with disabilities in New Hampshire, including advocacy and referrals.
• Legal Advice & Referral Center: Provides free legal advice and referrals for low-income residents.

Next Steps

If you need legal assistance with a disability insurance issue in New Hampshire, here are recommended steps to take:

• Gather all relevant documents, including your insurance policy or benefits paperwork, medical records, and any correspondence with insurers or government agencies.
• Write down a timeline of events, including when you became disabled, when you filed your claim, and any responses you have received.
• Contact a local disability law attorney for a consultation to discuss your situation and possible courses of action.
• If dealing with a private insurer, consider filing a formal complaint with the New Hampshire Insurance Department if you believe your rights were violated.
• For issues related to SSDI or SSI, follow the appeals process outlined in your determination letter and consult a lawyer familiar with Social Security Disability claims.
• Use community organizations or legal aid resources for additional support if you have limited financial means.

Taking prompt action, being organized, and seeking legal advice early can significantly improve your chances of securing the disability insurance benefits you need.