What You Need to Know About 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 their job for an extended period of time beyond any STD coverage.
The long-term disability attorneys at Andalman & Flynn, P.C. have the experience to fight for your rights. Peter Casciano, partner and head of the disability benefits practice, has represented thousands of workers on disability claims from emotional and physical illnesses to injuries. Let us help you get the benefits you deserve. Our team has the experience you need.
How An Experienced ERISA Attorney Can Help
Workers’ compensation provides coverage if you’re involved in an accident while you’re 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 through the entire process.
How To Know if 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’s 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:
- Mobility
- Coordination
- Speech
- Hearing
- 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 isn’t 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 benefits lawyers as soon as possible.
Experienced Long-Term Disability Attorneys
The attorneys at Andalman & Flynn handle disability retirement cases for federal employees nationwide and for State of Maryland employees regardless of where they live. We also handle long-term disability cases in Maryland and Washington, DC, as well as Social Security disability insurance (SSDI) cases in Maryland, Northern Virginia, and Washington, DC.
Let us put our experience with long-term disability benefits law and ERISA law to work for you. Contact us today to schedule a consultation.
Testimonials
Client Testimonial – Insurer Granted Appeal Leading to Retroactive LTD Benefits
Read more “Client Testimonial – Insurer Granted Appeal Leading to Retroactive LTD Benefits”
Disability Benefits Law Services
- Federal Disability Retirement (FERS)
- Social Security Disability (SSD) Benefits Law
- Long-Term Disability Benefits/ERISA
- Short-Term Disability Benefits
- Disability Income Policies
- Life Insurance
- Medical Insurance
- State of Maryland and County Disability Retirement Benefits (SRA)
- Employment Law
- Pre-Existing Conditions
- Terminations from LTD
- Two-Year Limitations from LTD
- Initial Applications
- Administrative Appeals