If you have an insurance policy that provides with you long term disability benefits, whether from your employer or one that you purchased for yourself, we hope you never have to use it. If you do become injured, very sick, or disabled, you should be able to rely on your long-term disability benefits insurance policy being there when you are no longer able work.
The fact is, many people apply for long term disability benefits and are denied by their insurance company. Sometimes a person’s own doctor will diagnose them as disabled and the insurance company will deny the claim without any medical evidence.
If you or someone you love has a long-term disability claim that has been denied you need an experienced personal injury lawyer you can trust to help get you the benefits you need.
In our years of experience, there are various disability claims that insurance companies almost always deny, often without any reason. If your long term disability benefit claim has been denied, and have any of the following conditions, you should contact our office immediately for a free consultation:
- Post Traumatic Stress Disorder
- Chronic Pain
When you need to use your long term disability benefits there are a lot of factors to consider. You have to know if you are eligible for benefits, how much the benefits will pay, and often most importantly, how to get the insurance company to actually make the payments that you are owed.
To be eligible for long term disability benefits, you need to be off work for what is called a “qualifying period” which can range from 90 days to 180. LTD claims can cover anywhere from 50-80% of your pre-disability salary typically until you are 65. These details are conditional upon the specifics of your policy and are critical to your claim. Depending on how your policy is structured, whether it is by the employer or the employees, different tax implications can apply as well. This can have a direct effect on how you manage your living and medical expenses.
Every insurance policy is different, with unique conditions that can make the process incredibly challenging to work through alone as you deal with your injuries. An important distinction applies whether or not you are disabled in your “own occupation” or in “any occupation”, which can have significant impacts on your claim. When one is considered disabled in their “own occupation” it means that they are no longer able to perform the job they did prior to the disability in question. Where one is considered disabled in the sense of “any occupation” they are considered incapable of performing the essential tasks and duties of any occupation at all. This is a critical distinction and all the more reason that you have lawyers who are familiar with the long-term disability process on your side.
Another important factor to consider is when to bring a lawsuit when the insurance company refuses to pay you your benefits. Generally, you must bring your lawsuit within two years of the first denial or you will no longer be able to bring your lawsuit. If you are dealing with an insurance company that has refused to pay you any benefit it is important to contact an experienced lawyer right away.
Our team will work with you through the entire process, dealing with your insurer, co-ordinating with medical experts, as well as handling the administrative work involved.
Let us help you every step of the way. We will ensure you get the right treatment and compensation you deserve. Call D’Alessio Romero Law Firm today for a no pressure, free consultation.
This article and this website is for information purposes only and does not constitute legal advice. This information provided should not be used as a substitute for obtaining legal advice. You should always consult a suitably qualified lawyer regarding any specific legal problem or matter and not rely on the content of this article. Nothing on this site is intended to create a lawyer-client relationship and nothing posted constitutes legal advice. We cannot guarantee that the information is accurate, complete or up-to-date.