Employee Retirement Income Security Act (ERISA)
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. At Andalman & Flynn, our long-term disability lawyers can help.
If you need help filing a long-term disability claim in Maryland, the District of Columbia, or Northern Virginia, contact the attorneys at Andalman & Flynn.
How Does ERISA Law Work?
While you can buy a private LTD 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.
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 is important that the attorney you hire to represent you has knowledge and experience in this area of law, and the attorneys at Andalman & Flynn can assist you throughout the entire process.
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Qualifying for Long-Term Disability Insurance
While LTD benefits include coverage for injuries or disabilities that are incurred on the job, LTD insurance was designed to protect employees in the event of a serious injury or illness that prevents them from returning to work. With LTD, the extent of disability, rather than the cause of the disability, is what is important.
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 crippling diseases such as multiple sclerosis, Parkinson’s disease, and other acquired or hereditary diseases that affect:
- The immune system
Contact a Social Security Disability Attorney in MD, VA, or Washington, DC
When a claimant is denied, there is typically a 180-day period in which to submit an administrative appeal to the insurance company that denied the claim. If this is not done, it may be impossible to later challenge the denial in court. Once you receive a denial letter, it is important to contact a long-term disability lawyer 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.
Contact us today or call (301) 563-6685 for help obtaining LTD insurance benefits in Maryland, Virginia, and Washington, DC.