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
When a claimant is denied benefits or terminated from benefits, there’s typically a 180-day period in which to submit an administrative appeal to the insurance company that denied the claim. If this is not completed in time, it may be impossible to later challenge the denial in court. If you’ve received a denial letter, it’s important to contact our qualified long-term disability lawyers as soon as possible.
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.
Are you seeking a premier disability attorney? Andalman & Flynn knows long-term disability law and ERISA law, so you can always rely on us to protect your rights. Please contact us today to schedule a consultation.
“Attorney Peter Casciano was the absolute best person who could have represented me in my disability benefits case. From our first interview he was sympathetic, straight forward, and armed with resources. I pestered him with questions daily and he was always willing to listen and explain each step of the process. I wouldn’t have had… such a quick and positive outcome on my case if not for Peter.” -J.E. Fairfax, Virginia (VA) Read more “Client Testimonial – The Absolute Best Representation for the Case”
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