In a matter of seconds, a perfectly healthy person can become disabled. A car crash, slip and fall accident, dog bite, or other types of injury can temporarily or permanently impact every aspect of an accident victim’s life.
A long-term disability typically lasts one year or longer. It can be a chronic medical condition that has worsened over time, such as asthma, anxiety, cancer, diabetes, stroke, heart disease, or seizures. It can also be a serious injury from a car accident or other situation. An amputation, back injury, brain injury, paralysis, or nerve disorder can cause someone to be disabled for an extended period of time. A disability that lasts less than one year is typically considered a short-term disability.
So, what happens in these cases? Many employers carry disability coverage for their employees. If you are self-employed, you may have your own disability plan to cover medical expenses in the event of an accident. These plans are typically covered by a federal law called the Employee Retirement Income Security Act (ERISA).
ERISA was implemented in 1974 to provide protection for participants of employer-sponsored benefit plans. ERISA holds plan administrators accountable for their actions and ensures that your funds are available to you when needed.
However, this does not mean that ERISA will cover your disability claim. There are many things you should consider when determining whether or not to file an ERISA claim.
Disability policies vary from one plan to another. Therefore, one thing you should consider is your plan’s definition of disability. It can be broad, though most of the time, the definitions are quite narrow. For example, disability may be defined as the inability to perform the duties of your usual occupation. After a few years, this definition may change to “any occupation.” Therefore, it is not uncommon for those who are disabled to suddenly lose their benefits after two years or so because they are no longer eligible.
It is also important to understand that a waiting period will apply. This period ranges from 90-180 days. During this time, you can receive short-term benefits or elect to use your vacation time.
When you apply for long-term disability benefits, the insurance company will want to know your every move. They want to find any reason to deny your claim, so be prepared for investigators stalking you or following you while you are running errands. Be sure you are following doctor’s orders during this time. You do not want to hurt yourself or damage your claim.
Although ERISA is supposed to protect employees, disability insurance policies tend to favor the insurers. If you have been disabled due to an injury, you may not receive the benefits you deserve.
If your valid disability claim has been denied, it is time to contact a Lafayette long-term disability lawyer. Contact the Law Offices of J. Price McNamara. He knows ERISA claims inside and out and is ready to represent you. He can help you understand your options. Contact our office to schedule a free consultation today.
I needed an attorney with a specific specialty and Price McNamara was definitely the right choice. His representation was based on principles that are probably unsurpassed by any other attorney in the field. McNamara represents individuals, not big-money corporations, like so many others in his field of specialty. He is a consummate professional, extremely knowledgeable
I found Mr. McNamara to be practical and efficient. He did what I needed in a reasonable amount of time, keeping me well informed and with excellent results. He communicated with me clearly and on a timely basis. I will use him in the future.
I am a current client of Mr. McNamara’s. He is very accessible and responds to my emails and phone calls in a timely manner. I find him to be very professional and knowledgeable, as well as ready, willing and able to address all of my questions and/or concerns.
I am an attorney. Price represented me, and in a separate suit represented my daughter, for injuries. He moved the cases at lightning speed and obtained maximum recovery. I was grateful and surprised. I would recommend Price to anyone who wants a top-notch attorney who gets results.
I would recommend Mr. Mcnanmara to anyone at any time. He was the best attorney that my family and I came in contact with. About three years ago we had a very tragic, accidental death in our family and the company knew that it was their fault but of course tried passing the buck. Mr.
Price and Sara are great. They helped us in a time of need. Their communication was always spot on and I never felt out of the loop with what was going on with our case.
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. I’m glad I secured his services.
Without going into the painful details regarding the reason for having to hire Price, his compassion and communication helped my family during an extremely difficult time. If you need legal help because you or a family member was injured by something or someone else, don’t hesitate to call him.
Complete the confidential form below for a free, no obligation case evaluation and we’ll tell you how we can help.
You may also call us at the number below. J. Price McNamara and his legal support team are focused on building a strong case for you.
How did we do?
Note: Your review may be shared publicly.