Because of the potential for an illness or injury to disable a worker, many New Orleans residents pay for long-term disability coverage either through their employer or through a private plan. Unfortunately, while many employees pay for this insurance with the hopes that they will be covered in the event of an accident, some injured workers who file a claim meet resistance.
If you were injured on the job and are seeking aid, you might wish to contact an experienced New Orleans long-term disability insurance lawyer. A dedicated ERISA attorney could help you through each step of the application or appeals process and work tirelessly to get you the benefits you need.
Eligibility for filing and receiving a claim approval might vary, depending on if a worker has a plan governed by the Employee Retirement Income Security Act (ERISA) or one they purchased on their own. If a claim for long-term disability insurance is through an employer, it is likely covered under ERISA. However, long-term disability plans usually have strict requirements for claim approval.
Reviewing the summary plan description to find out if a disability meets the outlined definition of disability should be the first step in filing a claim for both ERISA and non-ERISA plans. By working with a meticulous lawyer, an injured worker in New Orleans could determine if they qualify for long term disability insurance.
Most long-term disability policies exclude any conditions that were present within a certain period—usually 90 or 180 days—before the coverage began. This is because these injuries or illnesses would be considered pre-existing conditions. Unfortunately, if the need for coverage arises due to a pre-existing condition, the claimant is not usually eligible for benefits.
While approval for a long-term disability insurance claim is never guaranteed, there are steps a claimant could take to help increase their chances for success. For example, it might be imperative that the claimant has a statement from their physician affirming the severity of the condition in question, as well as any supplemental medical records needed to back up their claim.
An experienced long-term disability insurance attorney in New Orleans could help with obtaining and properly implementing these records into a claim. Additionally, a claimant should always follow their doctor’s advice regarding treatment and care for their condition, both for their own health and to prove that the disability is ongoing.
Claimants who receive a denial on their first attempt have the right to an appeal. Once a claimant receives the denial letter, they should closely examine the denial reason and note the deadline for filing an appeal.
Under 29 CFR § 2560.503-1, denied claimants have 60 days to file an appeal. Adhering to the deadlines for filing and appealing a claim could be crucial to its success. While there might be exceptions, missing this deadline usually voids the validity of a claim.
When filing an appeal, it could be essential to add any medical records or information that may be pertinent to the case at that time. Once the file is closed, the claimant can no longer add any prudent evidence. A New Orleans long-term disability insurance lawyer could work to ensure that the file includes the right information.
Whether you have already started the application process for a disability insurance claim, need assistance with an appeal, or simply want to find out if your illness or injury is appropriate grounds for long-term benefits, a New Orleans long-term disability insurance lawyer may be able to help.
A determined attorney familiar with the claims process should know the tactics used by insurance companies to wrongfully deny claims and could help you combat them effectively. For more information about how seasoned legal aid might be able to help you, call 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.