Long Term Disability Benefits/ERISA
We recover long-term disability benefits nationwide.
Are you suffering from a debilitating injury or illness that has sidelined your career and left you indefinitely unable to perform your job? If so, you may be eligible for long-term disability (LTD) insurance benefits. While you can buy a private disability income (DI) insurance policy, most workers obtain LTD insurance through group policies provided by their employers. These group policies are regulated by federal legislation known as the Employee Retirement Income Security Act of 1974 or ERISA. ERISA governs, among other things, the obligations of LTD insurance companies in the event that a serious disability or illness prevents an employee from doing his or her job for an extended period of time beyond any STD coverage.
ERISA is very different from workers’ compensation.
Workers’ compensation provides coverage if you are involved in an accident while you are on the job. In cases of workers’ compensation, most states will prescribe fixed amounts a worker should receive for a specific injury, usually based on what part of the body is injured. Partial disability in your leg, for instance, may earn you $400 a week for five years. Partial disability in your arm may earn you $400 a week for four years. Related medical bills and therapy for an on-the-job injury are usually covered by workers’ compensation as well. The compensatory figures for workers’ compensation are reviewed and updated annually, usually by a state-appointed commission.
ERISA is a complicated law and many rules govern the disability application process—from strict deadlines to what evidence is allowed during the appeal. It’s wise to rely on skilled attorneys with extensive knowledge of this complex area of the law. At Andalman & Flynn, our seasoned attorneys are equipped to guide you throughout the entire process.
How can you qualify for long-term disability insurance?
While LTD benefits often include coverage for injuries or disabilities that are incurred on the job, LTD insurance protects employees in the event of a serious injury or illness that prevents them from returning to work, even when that injury or illness is not the result of a workplace accident. With LTD, the extent of disability, rather than the cause of the disability, is normally what is important, though the cause of disability comes into play in regard to “pre-existing condition exclusions” and “limitations” on benefits for disabilities caused by mental impairments, alcohol or drug addiction, and sometimes other illnesses as defined in the policies. Disabilities sustained through auto collisions, slip and falls, or other personal injuries may qualify an employee for ERISA long-term disability benefits. Workers are also qualified for coverage under ERISA LTD benefits if they have debilitating diseases, whether physical or emotional. Virtually any illness can qualify you for benefits. A few examples include multiple sclerosis, Parkinson’s disease, dementia, rheumatoid arthritis, depression, bi-polar disorder, and almost any other acquired or hereditary diseases that affect:
- The immune system
- Cognitive abilities
- Concentration and focus
- The ability to maintain regular attendance
- The ability to remain on task and work at a normal pace
- The ability to work without unscheduled breaks
- The ability to get along with co-workers and supervisors
Looking for a long-term disability lawyer in Silver Spring, Ellicott City, or the greater Washington, DC area? Andalman & Flynn concentrates on ERISA law, focusing on protecting the rights of our clients as they seek Long-term disability benefits.
“When I first became disabled I had no idea what was in store for my family—I’d paid into long term disability (LTD) throughout my entire career and assumed that, as a hardworking American, that would carry me through until Social Security kicked in. However, in 2008 my LTD was unjustly cut off, and I began… the fight of my life. If it wasn’t for the extraordinary efforts of Elliot Andalman and Ariele, I don’t know where I’d be today. As Cigna attempted to wait me out until my savings, retirement, and complete monetary resources were depleted, Elliot waged war with Cigna and collected additional medical and vocational documentation. Needless to say, and I admit I wasn’t always so confident with the outcome, Elliot prevailed and managed to restore my LTD and win my due social security benefits (which had previously denied me three times) in August of 2009. I’d recommend Andalman and Flynn to anyone who needs to fight for what they deserve—the team is phenomenal, their results are impeccable, and they’re human beings who genuinely care about the people that they’re fighting for.” Thank you all, Arthur Bundick
Boonsboro, MD Read more “Client Testimonial – Andalman and Flynn is phenomenal”
Schedule a Consultation
When you need experienced legal counsel, turn to Andalman & Flynn. Our renowned team is here to provide vigorous representation for your most pressing family law and disability law issues and disputes.
Please contact us today to schedule a consultation.