Long-term disability allows an injured or sick employee the means to continue living the lifestyle that he or she grew accustomed to before working at his or her former level became impossible, or at least, that is what it is designed to do. Although long-term disability generally only covers up to 60% of a worker’s pre-injury wages, it may provide enough financial support to live on comfortably so long as it is combined with another part-time job. Filing a claim can be difficult, and more often than not, claimants are denied by their insurance carriers. Claims get denied all the time for missing paperwork, late submissions, and incomplete information. A Long-Term Disability Lawyer for Plant Scherer employees can help.
Even though you may have already seen a doctor or multiple doctors for that matter, and you have been receiving treatment for your injury, illness, or condition, you may be required to submit to further testing. This may seem ridiculous to you, considering the number of doctors that you have already been to, and it can also feel like an insult to be ordered around while your benefits are further delayed. Under the Employee Retirement Income Security Act (ERISA) and according to the Department of Labor, an insurer can order a claimant to provide additional medical information by having a physical with a designated physician. Claimants have 45 days to submit this evidence back to the insurer. While it may seem like a long time, it can be difficult to find a doctor to see you on short notice and a time that works for you, and then still have enough time to submit the extra medical paperwork. You can see how difficult filing a disability claim can get if everything is left to you alone.
Under ERISA, your benefits can be terminated if your insurance company believes that you are no longer disabled. This can happen if you were on short-term disability and hoping that it would continue on to become long-term disability coverage, or it can happen when you are on long term disability. All the insurance company has to do is provide you with a notification of adverse benefit determination. You have the right to appeal, but only within a certain amount of time, according to the Department of Labor under 29 CFR § 2560.503-1(f)(3.
The Law Offices of J. Price McNamara can help you file a claim or appeal a denied claim. Call or contact us today to set up a free consultation and to meet with one of our Plant Scherer long-term disability lawyers.
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