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Missing a few days from work can cause a significant dip in your expenses, just from a few days. What if you found yourself having to take a few weeks off? How will that decision affect your finances? Unfortunately, many workers find themselves in this position. You should be in a place to take a few days, weeks, or even months off from work without worrying about the financial strain that decision might cause, especially if the time off results from an illness or injury.
Disability insurance is an excellent insurance policy that can provide financial compensation for injured workers who cannot work after becoming injured or sick. Even if the injury or illness happens outside of the workplace, you can receive an impressive amount of coverage that can help you continue supporting yourself financially. Unfortunately, this insurance policy comes at a price. The price is not the premium cost associated with the policy but the headache associated with obtaining your benefits.
Filing a claim for disability benefits should not be identical to pulling teeth; however, the insurance companies can make it seem that way when they decide to deny your short-term disability claim.
If you or a loved one have found yourself in this situation, contact a Baton Rouge short-term disability lawyer from J. Price McNamara ERISA Insurance Claim Attorney the moment you receive your denial letter. Better yet: Call us for help submitting your claim.
Short-term claims can turn into difficult, complicated long-term cases. If you involve us early enough, we can make both of those processes go much easier and speed the receipt of the benefits you need.
We offer free consultations and case evaluations, so please reach out to our Baton Rouge office to learn how we can assist with your claim.
When it comes to purchasing a disability insurance policy, workers have many options to consider. Based on the worker’s needs, they can purchase either short-term disability or long-term disability insurance.
Short-term disability is an outstanding insurance policy for workers who want to receive compensation for medical issues that occur outside of work within a temporary period. For workers who are in jeopardy of being permanently disabled from a medical condition, long-term disability insurance policies are great insurance policies to consider.
Short-term disability can cover:
Short-term disability insurance can offer financial compensation for you and your family, covering more than just medical expenses. The percentage of benefits that short-term disability insurance provides can pay for expenses like rent, utility bills, groceries, and other household necessities.
Providing this financial coverage can bring a true sense of security for you and your family. You can truly focus on healing from your injury without worrying about continuing to pay for your expenses. Contact a Baton Rouge short-term disability lawyer about your claim today.
Each short-term disability policy varies, but the general waiting period for a worker’s disability benefits is 14 days. That means that after a worker files their short-term disability claim, they will receive their benefits within two weeks. In addition to how quickly workers can receive their benefits, the amount of time a worker can continue to collect disability benefits can last for a significant amount of time.
For many short-term disability policies, workers can receive benefits for up to one year. Some short-term disability policies even allow workers to collect benefits for up to two years.
Even though you can benefit from short-term and long-term disability insurance, you can purchase just short-term disability insurance. Even though long-term disability insurance provides longer benefit periods and higher compensation levels, short-term disability insurance is one of the more common insurance policies.
Workers who may not feel comfortable purchasing long-term disability insurance can buy short-term disability insurance and see how the coverage can help them with their temporary injuries.
One of the most common ways short-term disability insurance is purchased is through an employer. Many employers offer short-term disability policies for workers to choose from. Workers have the option of selecting individual or group coverage. The type of short-term disability insurance you purchase plays a vital role in many aspects of your coverage, including the process you must follow when appealing your claim, all with the help of a Baton Rouge short-term disability lawyer.
Every short-term disability policy has a standard definition of disability used to assess whether a condition can qualify for benefits. Your short-term disability will cover a medical condition that meets the insurance policy’s definition of disability and affects your ability to work.
Short-term disability insurance benefits workers because it can cover a broader scope of medical conditions. Conditions typically not eligible for coverage under other employee benefits packages can get coverage through short-term disability insurance.
You can file a claim through your short-term disability insurance and receive the necessary benefits when you have been sick or injured. Every insurance policy has a set of instructions that can explain the procedures that you need to follow to file your claim. In general, many claims request that you submit a thorough explanation of your illness or injury, as well as medical evidence or notes that can speak to the validity of your injury. Once you submit your claim, the insurance company will assess whether your claim is approved or denied.
This potential coverage is why the type of short-term disability insurance policy you purchase is so important. The type of insurance policy you buy determines the specific guidelines you must follow in your appeals process.
For example, your employer can sponsor your short-term disability insurance policy. If it is, your insurance policy is subject to a federal law known as ERISA (Employee Retirement Income Security Act). ERISA-covered disability insurance policies must undergo a stricter appeals process than individual short-term disability policies.
Separate short-term disability policies are governed by the state’s laws and allow policyholders to exercise more legal options against insurance companies.
When your ERISA-sponsored short-term disability insurance claim gets denied, there are specific regulations that you must follow. The first procedure you must follow is filing an administrative appeal against the insurance company within a six-month deadline. Once you file your administrative appeal with the insurance company, the company has 45 days to respond. The administrative appeal process alone can take up to a year before the administrative procedure provides a decision.
If the insurance company denies your appeal again, you still have the option of filing for another appeal. Once you’ve exhausted your administrative appeals, you can file a federal lawsuit against the insurance company. When your case transitions to a federal lawsuit, stricter guidelines apply.
Instead of a jury hearing your case or having the privilege of introducing new evidence in your suit, a federal judge will only review the information in your record to decide your claim.
Unfortunately, no. That is one of the strict guidelines associated with the ERISA-covered short-term disability policies. Even if there is blatant evidence that the insurance company has engaged in bad faith practices during your claim, you are not allowed by federal law to hold an insurance company liable through your federal lawsuit for bad faith practices. You can only receive damages for your short-term disability benefits and attorney’s fees through your federal lawsuit.
Unfortunately, no. ERISA laws require you to exhaust all administrative appeals before filing a federal lawsuit against the insurance company. If you try to file a federal lawsuit without filing an administrative appeal process, the court will automatically deny your lawsuit. If you submit your administrative appeal late, you may permanently lose your opportunity to appeal your claim.
Receiving a denial of your short-term disability claim can be devastating. You can feel powerless when the insurance company makes a decision that affects how you and your family will continue to live. The ERISA laws also encourage the insurance companies to continue to force you to jump through hoops to receive approval for your legitimate claim.
At J. Price McNamara ERISA Insurance Claim Attorney, our short-term disability lawyer dedicates themselves to helping you fight for the disability benefits you and your family deserve.
Insurance companies can feel unstoppable with federal laws backing them up and the network of endless resources at their disposal. They may assume you feel too defeated to fight for an overturn of your short-term disability claim. Having an experienced short-term disability lawyer on your side can give you the confidence you need to fight against the insurance company.
Your short-term disability lawyer can carefully analyze and review the legal documents you plan to include in your administrative record. This review includes copies of your short-term disability policy and the insurance company’s denial letter. Knowing why the insurance company denied your claim is critical for your short-term disability lawyer to understand. It can help your lawyer create the best strategy for you to reach the outcome of your administrative appeal that you want.
Regarding your administrative record, this is a portion of your administrative appeals process that you do not want to undermine. Your administrative record consists of all evidence used to weigh the judge’s decision in your administrative appeal. You may feel overwhelmed thinking of the types of evidence that you should include in your administrative record.
Our short-term disability lawyer can gather the best evidence for you to sway the judge’s opinion of the insurance company’s denial. An experienced short-term disability lawyer can also keep you updated about the evidence the insurance company plans to use against you.
Your short-term disability lawyer can also serve as top-notch legal representation for you in your federal lawsuit. Even though there will not be a jury trial, there will still be a time during your case when negotiations with the insurance company will happen. When that happens, you will want someone more skilled than yourself at negotiating with insurance companies. Insurance companies feel more intimidated speaking with an experienced short-term disability lawyer than with a claimant.
At J. Price McNamara ERISA Insurance Claim Attorney, our short-term disability lawyer challenges insurance companies that many lawyers will avoid taking on.
We are not afraid to take on the top insurance companies in the nation, including:
When you are ready to fight for your short-term disability benefits, the short-term disability lawyer at J. Price McNamara ERISA Insurance Claim Attorney wants to fight right alongside you. We want to help increase your chances of receiving your benefits as much as possible.
When you have questions about short-term disability, our experienced Baton Rouge ERISA attorney is the best place to start.
10455 Jefferson Hwy,
Baton Rouge, LA 70809
Fax: (225) 201-8313
“Price is very professional, honest, and reliable. Whatever he says, he will follow through with the utmost integrity. He will turn over every stone and pays close attention to even the smallest detail.”
Following graduation from Loyola Law School in New Orleans in 1990, Price McNamara served as a Federal Judicial Law Clerk to the Honorable John M Shaw, Chief Judge, United States District Court Western District of Louisiana.
Mr. McNamara founded the Law Offices of J. Price McNamara, and began putting his past experience to work for the injured and disabled clients he now represents against the insurance companies in personal injury and long term disability and other insurance disputes in both federal and state courts