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Metairie Long-Term Disability Lawyers

Metairie Long-Term Disability Lawyers

If you have been diagnosed with an injury or illness that is expected to prevent you from returning to work for an extended period of time, you may want to check to see if you are covered under a long-term disability (long-term disability) insurance plan. These long-term disability insurance policies are typically sponsored through employer cafeteria plans, along with health, dental, and short-term disability plans. They are designed to interlock and provide coverage while you recover from an illness or medical procedure.

Sadly, many Americans are unfairly denied these long-term disability benefits, even when they have paid their premiums through regular payroll deductions for years. If you need to use your long-term disability insurance, call our Metairie Long-Term Disability Lawyers at the Law Offices of J. Price McNamara right away. There are specific deadlines and limitation periods that apply to these types of plans, and failure to meet these deadlines can result in a denial of coverage.

Why Do Employers Offer Long-Term Disability Insurance?

Employer cafeteria plans are usually governed by the federal law known as the Employee Retirement Income Security Act of 1974 (ERISA). This law protects employees from irresponsible employers and third-party benefits administrators who might otherwise mishandle benefit funds.

By offering long-term disability insurance (long-term disability) and short-term disability coverage, employers offer their workers two interlocking options if they become sick or injured. Consider a simple example.

Example of How Short Term and Long-Term Disability Work Together

A worker is diagnosed with cancer and will require lengthy chemotherapy and radiation treatments that are anticipated to last upward of six months. If successful, it is likely the employee will be too ill to work at a physical labor job until at least a few months after concluding treatments.

  • First, the employee would need to apply for short term disability payments, which usually start seven or 14 days after receiving the physician’s diagnosis and recommendations. This coverage will pay a portion of the salary until the employee returns to work or until long-term disability kicks in (if applicable).
  • Next, once the long-term disability insurance policy’s elimination period (waiting period) is met, the employee may begin receiving long-term disability coverage. This waiting period is usually between one and six months, but there are longer periods.
  • Finally, the employee can only receive long-term disability benefits up to the length of the benefit period, which is usually about a year or two, but in some cases, it can be as long as until the worker reaches retirement.

How a Denial of Long-Term Disability Benefits can Affect Your Finances

Being denied long-term disability benefits can mean not paying the mortgage, missing car payments, and in many cases, people have gone bankrupt due to denials. If your employer’s third-party administrator or long-term disability insurance carrier has incorrectly denied your claim for benefits, you need to act quickly to protect your rights. Call the Law Offices of J. Price McNamara to find out if we can help.

In many cases, we are able to guide families through the appeals process to help smoothly and efficiently get the family’s finances back on track. In other cases, we have had to sue insurance carriers and third-party administrators for acting in bad faith by denying valid claims. The good news is consultations are free, and we only get paid if we are able to get your benefits approved. Call our Metairie Long-Term Disability Lawyer today.

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