Long Term Disability Information
Disability Benefits Attorneys
What is Long term Disability Insurance?
Long term disability insurance plans can be purchased either on an individual basis or through an employer. Long Term Disability (LTD) insurance benefits provide you with a percentage of your employment income if you become disabled and cannot work for an extended period of time. Some of the major causes of long term disability include: Cancer, Complications from pregnancy, Heart Attack or Stroke, Back Injuries, and Depression.
There are two forms of long term disability insurance.
If your benefits were secured as part of an employee benefits plan you will most likely be covered by The Federal Employee Retirement Income Security Act. Your lawsuit must be filed in a United States District Court. While the provisions of the Act appear to be stacked in favor of the Plan Administrator, who is also usually the same insurance company who pays the claim, an experienced lawyer will be able to guide you through this difficult process to secure the benefits for you to which you are entitled.
BREACH OF CONTRACT
If your benefits were secured as a result of a private insurance policy between you an LTD carrier, your remedies will be different than an employer sponsored plan. You may be able to litigate in a State Court without the stringent provisions of ERISA. Your case will be decided by State law, and you will be able to have a jury of your peers decide whether you are entitled to benefits.
What If I Am Denied Long Term Disability Benefits?
Insurance companies have historically denied and/or delayed eligible long term disability claims. Many long term disability insurance companies often don't take the time to properly evaluate claims, or decide to make it difficult to secure benefits, in hopes of getting people to give up. LTD insurance carriers deny claims on the basis of the severity of the injury, lack of documentation, failure to provide documentation timely, etc. If you have been denied long term disability benefits or your insurance company is treating you unfairly, you should immediately contact an experienced long term disability attorney to assist you.
Why should I hire a Long Term Disability Lawyer?
Long term disability insurance policies are complex and contain many provisions designed to limit the amount of benefits you receive. An experienced LTD lawyer can help you understand the provisions of your policy and gain the maximum benefits. An attorney familiar with the long term disability claims process can also help you if your claim has been denied. Most LTD insurance policies include an administrative appeals process, and figure if they make it difficult to secure your long term disability benefits, many people who are entitled to those benefits will simply give up. If your claim cannot be resolved during this administrative process, your lawyer can file a law suit for your benefits in Federal Court.
When should I consider litigation against my LTD company?
If you have been denied long term disability benefits, or if your insurance company is making it too difficult to secure your benefits, you should consider litigation.
Our firm has successfully assisted many people over the years to collect the disability benefits that were initially denied by their insurance companies.