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Adv. Ilanit Gadker Aharoni

Adv. Ilanit Gadker Aharoni

Tort law and insurance, national insurance, medical malpractice, victims of hostilities and terrorist attacks, wills and inheritances, notary

Torts Lawyers

5.0
Many thanks to Ilanit, a very serious, empathetic, and attentive lawyer, and many thanks to her entire team. Very satisfied with the service I received. I warmly recommend. Always available, patient, explaining every question. Much success and good health to the entire professional and exceptional teamRead Full Review
Languages: Hebrew, English, Arabic, Russian, French
Many thanks to Ilanit, a very serious, empathetic, and attentive lawyer, and many thanks to her entire team. Very satisfied with the service I received. I warmly recommend. Always available, patient, explaining every question. Much success and good health to the entire professional and exceptional teamRead Full Review
Languages: Hebrew, English, Arabic, Russian, French

Beer Sheva, 8489500

Omer

Gaza Envelope

Rahat

Arad

Dimona


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Dealing with a medical or functional condition that limits your ability to earn a living and maintain a normal lifestyle is a complex and exhausting experience. Alongside health difficulties comes financial pressure, as the impact on earning capacity can be dramatic. This is precisely what compensation and assistance mechanisms are designed for - both through the National Insurance Institute, which grants general disability benefits, and through private policies that guarantee monthly payments from insurance companies.

The difference between success and failure in obtaining these rights usually lies in proper and professional management of the claim. Without close legal accompaniment from a national insurance attorney specializing in the field of disability benefits, you may get lost in the maze of bureaucracy, medical documents, and committees, thereby losing significant amounts that are rightfully yours by law. Professional accompaniment ensures that all documents are submitted optimally, your rights are preserved, and you can focus on recovering your health.

The Dual Path to Rights: General Disability vs. Private Insurance

When damage to work capacity occurs or there is a decline in daily functioning, there are two main parallel claim tracks, and it is important to understand the differences between them and the expertise required to manage each one.

General Disability Benefit: Claim for Disability Benefit from National Insurance

The National Insurance Institute is responsible for granting general disability benefits, which aim to ensure basic existence for a person who has lost, or significantly reduced, their ability to earn. Eligibility for this benefit is conditional on meeting two central criteria: medical disability (a medical committee determines your percentage of medical disability according to permanent medical impairments detailed in regulations) and degree of incapacity (the claims officer and employment committee determine the degree of incapacity to earn, which expresses the damage to your ability to integrate into the labor market - this degree ranges from 50% to 100%).

Managing a claim for disability benefits from national insurance requires in-depth familiarity with the impairment books and the way medical committees operate. An expert attorney knows how to build your medical file in such a way that emphasizes the relevant impairments, and to brief you on how to present your functional condition to the committee - a critical factor that affects disability percentages and the degree of incapacity.

Claim for Disability Benefit from Insurance Companies (Loss of Work Capacity)

Parallel to the benefit from national insurance, many of you hold private policies for "loss of work capacity". A claim for disability benefits from insurance companies is a civil procedure with a commercial entity, and its rules are completely different.

The insurance company examines your policy terms, the specific definition of "loss of work capacity" recorded in it (specific occupation vs. reasonable occupation), and your ability to work in the occupation defined in the policy.

Insurance companies tend to create difficulties, reject claims based on narrow interpretation, or send you for examinations to doctors on their behalf who are not objective. An attorney specializing in this field will know how to: analyze the policy, deal with the company's doctors, and conduct negotiations or litigation with the company. The difference in managing these two types of cases emphasizes the importance of choosing an attorney with proven experience in both channels.

Preparation and Briefing: The Key to Success in the Medical Committee

The National Insurance medical committee is the moment of truth, and it is the place where your financial future is largely determined.

  • Organizing the Medical File: Creating a Complete Picture of the Situation: Your attorney is not just legal accompaniment, but a medical file manager and strategist. His work begins with collecting and organizing all relevant medical material. He will know which documents are missing and which additional tests need to be performed to strengthen the medical argument (for example, updated measurements of range of motion for orthopedic problems, or evidence of frequency of flare-ups in chronic diseases).
  • Briefing Before the Committee: What to Say and How to Behave?: Medical committees examine your condition "here and now" and the impact of the impairment on your daily functioning. An expert disability benefits attorney will brief you on how to: demonstrate functional difficulty: instead of saying "it hurts", you should explain "I cannot stand continuously for more than five minutes, and this prevents me from performing work that requires standing". present coherence: ensure that your complaints in the committee match what is written in your medical file over time. focus on the essentials: focus on the main impairments that affect earning capacity.

Professional briefing neutralizes stress and ensures that the doctors on the committee receive the most complete and accurate picture of your condition.

Beyond the Benefit: The Ancillary Rights That Make Existence Possible

The monthly disability benefit is only the tip of the iceberg. Recognition of disability by the National Insurance Institute opens the door to a long line of ancillary benefits and reliefs, whose financial value accumulates to thousands of shekels per year. An expert disability benefits attorney will ensure that you exhaust all ancillary benefits in all relevant authorities:

  • Exemption from Health Payments: Significant discount in payment of fees and co-payments in health funds (such as quarterly fees, exemption from payment for medications).
  • Housing and Municipal Tax Benefits: Significant discounts in municipal tax payment (up to 100% in some authorities), assistance with rent or even eligibility for public housing.
  • Driving and Transportation Benefits: Eligibility for a disabled parking permit as well as a significant reduction in vehicle licensing fees, according to disability percentages and mobility level.
  • Vocational Rehabilitation: Extensive assistance (over 20% medical disability) for studies, vocational training and placement in new employment suitable to your limitations.

Filing Appeals and Claims in Labor Courts

Sometimes, despite the best preparation, the medical committee rejects the claim or determines disability percentages that are too low. In such a case, your attorney will handle the two main appeal tracks:

  • Appeal on Determination of Medical Disability: It is possible to appeal to the medical appeals committee (an internal forum of the National Insurance). A general disability attorney knows exactly what legal and medical arguments should be raised in the appeal.
  • Filing a Claim in Labor Court: If the internal appeal is also rejected, the next step is filing a legal claim against the National Insurance to the regional labor court. This is a full legal procedure, in which the attorney can request the appointment of a medical expert on behalf of the court. This expert is usually objective and independent, and his opinion carries very heavy weight in the court's final decision.

The Unique Accompaniment in Private Loss of Work Capacity Claims

A claim for disability benefits from insurance companies is, as mentioned, a completely different commercial-legal confrontation arena. Here, the front is not only medical but mainly contractual and evidentiary.

  • Legal Nuances in Policies and the Issue of Offset: The attorney must analyze the definition of "loss of work capacity" - does the policy cover "specific occupation" or only another "reasonable occupation". Additionally, he will check the offset conditions against national insurance and argue against it if necessary.
  • Dealing with Investigations and Company Demands: Many insurance companies employ private investigators to try to prove that the insured is not really suffering from complete loss of work capacity. An attorney for claims for disability benefits from insurance companies will brief you on how to conduct yourself in the face of company demands and possible investigations, and will manage the legal correspondence in a way that protects your interests.

Choosing a Disability Benefits Attorney Through LawReviews

Due to the complexity of the field and the high financial interest involved, choosing an attorney is critical. LawReviews allows you to do this in an informed and transparent manner. The platform contains many opinions from clients who have already gone through the exhausting procedures of claiming disability benefits from national insurance and claiming disability benefits from insurance companies. Through LawReviews, you can learn from the experience of others, see which attorneys received high ratings for success in medical committees and managing litigation claims.

Summary: The Professionalism That Ensures Your Financial Future

The struggle to obtain disability benefits or compensation for loss of work capacity is a legal and bureaucratic war of attrition. Do not conduct it alone. Accompaniment by an attorney specializing in this field is critical. He will build for you the strongest possible medical and legal case, protect you in committees and courts, and ensure that you receive all the rights due to you so that you can focus on recovery and rehabilitation.

Frequently Asked Questions

What are the two main criteria required to receive a general disability pension?

Two criteria are required: 1. Determination of permanent medical disability percentages by a medical committee. 2. Determination of degree of inability to earn (over 50%) by the claims officer and the vocational committee.

What is the main difference between a disability pension claim from the National Insurance and a claim from insurance companies?

The National Insurance claim is social and determined by law, while insurance company claims are contractual and determined according to the terms of your private policy for "loss of work capacity".

Is it possible to receive both a disability pension from National Insurance and benefits from a private insurance company?

In most cases yes, it is possible to receive both pensions simultaneously. It's important to note that insurance companies sometimes deduct the amount of the National Insurance pension from their monthly payment (offset), depending on the policy terms.

Is it mandatory to be represented by a lawyer at the National Insurance medical committee?

Not mandatory, but highly recommended. A disability pension attorney can represent you, or at least brief you thoroughly, which significantly increases the chances of achieving high percentages and maximum degree of incapacity.

What is the role of the medical expert on behalf of the Labor Court?

When a disability pension attorney files an appeal with the court, it's possible to request the appointment of a neutral medical expert. This expert's opinion is objective and carries significant weight in the court's decision regarding medical disability percentages.

Are insurance companies allowed to send me for private investigation?

Yes, insurance companies are permitted to employ private investigators to verify the credibility of your claim. Therefore, accompaniment by a disability attorney is essential to receive briefing on how to conduct yourself with investigators and company requirements.

How much time from the date of injury do I have to file a disability pension claim with National Insurance?

It's advisable to file the claim as soon as possible. It's possible to claim retroactively up to one year before the date of filing the claim.

What is "temporary disability" and why is it important for a disability pension attorney to handle it?

Temporary disability is granted when your medical condition is not final and is expected to change (for example, after surgery). The attorney will work to obtain a high temporary disability as well as setting a date for re-examination, until the permanent disability is determined.

What happens if the claim against the insurance company was rejected on the grounds of "reasonable occupation"?

The attorney will build a legal-vocational argument, sometimes through an external vocational expert, that will demonstrate why the medical impairment prevents you from engaging in any "reasonable occupation" that matches your skills, and will file a lawsuit in court.

How can LawReviews help me choose a suitable attorney for the disability pension field?

The LawReviews platform presents reviews from past clients about attorneys in this field, and allows you to choose an expert who has received the best ratings for success in managing proceedings with National Insurance and insurance companies.

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