Has Your Long Term Disability Claim Been Denied?
Has Your Insurance Company Rejected Your Long Term Disability Claim?
Time is of the essence. How you respond to a denied long term disability claim can affect your rights and ability to prevail in litigation.
How do I apply for long term disability?
First, you request an application for long term disability through your employer or the human resources department if the premiums are paid through your pay check or if they are paid by your employer, this is usually the situation with a group carrier. If you have your own private plan, then you must request an application from the insurance company that underwrites your policy.
What are long term disability requirements?
Each policy is different, so you should also request a copy of your policy when you request an application from the long term disability carrier or insurance company.
Are long term disability payments taxable?
Generally, yes, they are taxable.
How long does long term disability last?
The benefits of most policies last initially for 2 years, however the standard of how disabled you must be often becomes more difficult to prove after the initial 2 year period. If you can meet the higher standard, under most policies the benefits will last until you turn 62 or 65, however you must consult the language in your policy to be certain.
Do we Get Results for You? Here's a sample client success story:
A truck driver Mr. X is injured while walking around steel coils on the back of his truck. The trucking company says that he is not an employee and that they have no workers compensation coverage, but that Mr. X has been paying for Long Term Disability Insurance through his pay check. An application for LTD benefits is filed and benefits are paid for a short period of time. However, benefits are then denied based on a theory that the low back injury that Mr. X sustained is not that serious or disabling, and LTD benefits are denied. Mr. X contacts the Law Off ices of David Zimmerman, who directs Mr. X to get updated medical from his treating doctor and who also sends a letter to Mr. X's doctor who responds with a medical statement indicating exactly what the medical impairment is and that Mr. X cannot work as a truck driver on a permanent basis. Mr. X's disability benefits are resumed in full by the insurance company. Furthermore, the Law Offices of David Zimmerman determines that the documents and set up by the trucking company making Mr. X and independent contractor are incorrect. We make the argument that Mr. X is actually an employee of the trucking company and obtain a workers compensation settlement of $90,000 for Mr. X in addition to the payment of his monthly long term disability checks.
The Employee Retirement Income Security Act of 1974 (ERISA) protects the interests of participants and their beneficiaries who depend on benefits from private employee benefit plans. ERISA sets standards for administering these plans, including a requirement that financial and other information be disclosed to plan participants and beneficiaries and requirements for the processing of claims for benefits under the plans.
Although some employee benefit plans are not covered by the Act (such as church or government plans, etc.), if you are one of the millions of participants and beneficiaries in employee benefit plans that fall under the Act's protection, you have certain rights if your claim for benefits is denied. Your plan must give you the reason for denial in writing and in a manner you can understand. It also must give you a reasonable opportunity for a fair and full review of the decision.
Our long term disability attorneys are very in-tune with the latest developments in long term disability law and corporate practices through organizations such as the CDA.
The CDA is a non-profit organization committed to informing and educating the American public about the widespread and growing frequency of disability, and the financial impact it can have.
Higher than you probably think. You can ignore the problem, but it's hard to ignore the facts: Just over 1 in 4 of today's 20 year-olds will become disabled before they retire.
Freak accidents are NOT usually the culprit. Back injuries, cancer, heart disease, and other illnesses cause the majority of long-term absences.
Are you prepared if it happens to you? Probably not. If you're like most Americans, you don't have disability insurance. Or enough emergency savings to last 31.2 months. Yes, that's the duration of the average long-term disability claim.
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