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The Harsh Realities of Filing a Disability Claim

  • Writer: Gilbert, Blaszcyk & Milburn LLP
    Gilbert, Blaszcyk & Milburn LLP
  • Dec 29, 2025
  • 3 min read


Disability claims—whether through private insurance, workers' compensation, or federal programs—are designed to provide a safety net. Yet, in practice, claimants face a gauntlet of obstacles:

  1. High Denial Rates Many initial claims are rejected. Insurers and agencies often cite insufficient medical evidence, inconsistencies in records, or failure to meet strict definitions of disability. For instance, subjective conditions like chronic pain, repetitive motion injuries, or occupational diseases can be especially difficult to prove without comprehensive documentation.

  2. Bureaucratic Delays and Endless Paperwork The process involves mountains of forms, medical records requests, and deadlines that are easy to miss when you're focused on recovery. A single overlooked detail can result in denial.

  3. Insurance Companies' Profit Motive Private disability insurers are businesses. They collect premiums eagerly but scrutinize claims rigorously to minimize payouts. Common tactics include questioning credibility, demanding independent medical exams, or citing pre-existing conditions.

  4. Complex Legal Frameworks Workers' compensation in New York follows specific state rules, while employer-sponsored long-term disability plans often fall under ERISA (Employee Retirement Income Security Act), limiting your appeal rights and evidence opportunities if you go to court. Navigating these systems without expertise is like playing a game where the rules favor the other side.

  5. Emotional and Financial Toll The stress of fighting for benefits you rightfully deserve—while bills pile up and health deteriorates—can be devastating. Many claimants give up after a denial, not realizing they have strong grounds to appeal.

These challenges explain why so many deserving individuals never receive the full compensation they need to maintain stability.

Why Gilbert, Blaszcyk & Milburn, LLP Is the Smart Choice

For over 35 years (with representation dating back to 1990), Gilbert, Blaszcyk & Milburn, LLP has focused on helping injured and disabled workers secure the benefits they deserve under New York State Workers' Compensation law. With offices in Patchogue, Riverhead, and Melville, the firm offers convenient access across Suffolk County and Long Island.

Here’s what sets them apart:

  • Deep Insider Knowledge The partners—Michael Gilbert, Theodore Blaszcyk, and Eric Milburn—bring over 70 years of combined experience in the New York State Workers' Compensation system. Notably, they have previously represented insurance carriers and self-insured employers, giving them invaluable insight into how claims are evaluated and denied. This perspective allows them to anticipate insurer strategies and build stronger cases from the start.

  • Proven Track Record with Complex Cases The firm has successfully represented thousands of injured and disabled workers before the Workers' Compensation Board. They handle everything from acute workplace injuries to repetitive motion trauma, occupational diseases, and claims that have already been denied—often turning previous losses into victories through thorough review and advocacy.

  • Client-Centered Approach Testimonials consistently praise the firm's compassion and responsiveness. Clients describe attorneys who return calls promptly, provide caring guidance, and go "beyond their duties" to secure life-changing results. One long-term client noted that their lawyer "literally saved my life financially" after a work injury in 2008.

  • No Upfront Fees and Local Convenience Consultations are free, and the three-office setup means you won't face long travel when you need in-person support. The firm fights aggressively to ensure you receive all entitled benefits, including medical care, wage replacement, and permanent disability awards when applicable.

In a system stacked against the individual, having advocates who know both sides of the table is a game-changer.

Final Thoughts: Don't Face This Alone

A disability claim denial doesn't have to be the end of the road. With the right representation, many claimants ultimately receive the support they need to rebuild their lives. If you're struggling with a work-related injury, a denied workers' compensation claim, or related disability benefits in Suffolk County, consider reaching out to Gilbert, Blaszcyk & Milburn, LLP for a no-obligation consultation.

You’ve worked hard your entire life—now let experienced professionals work hard for you. Your rights matter, and justice is worth fighting for.

Contact Gilbert, Blaszcyk & Milburn, LLP today at their Patchogue, Riverhead, or Melville office. Know your rights. Get the benefits you deserve.

 
 
 

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