Long term disability insurance is typically available through your employer via the Employee Retirement Income Security Act (ERISA) to help with financial support if you are unable to work due to an accident, illness, or otherwise debilitating, disabling condition. These payments typically constitute between 50 and 60% of your salary and cannot only go towards your medical bills but towards all of your living expenses.
However, long term disability can be difficult to obtain, as applications are filed directly with the insurance companies, who have every incentive to deny claims so as to avoid paying out. This is why it makes sense to work with an experienced long term disability/ERISA lawyer to file your application and deal with any potential denials, as these attorneys are well-versed in the many requirements involved in successfully obtaining benefits and ensuring that your benefits are not wrongfully denied.
At the Law Offices of J. Price McNamara, we focus on helping those who are filing for or who have been denied long term disability benefits under ERISA. Contact us today for a free consultation to find out more.
What constitutes a disability worth receiving benefits for depends largely on your employer’s plan. While some consider you to qualify if you are unable to do your job, others require that you not be able to do any suitable job (depending upon your training) in order to qualify for benefits. Some require that you not be employed at all, while others will pay you a portion of your benefit if you have only lost a portion of your income.
Regardless, in order to file your claim, you will need to include a significant amount of medical evidence, including statements and forms filled out by your doctor, and any objective evidence that goes along with it, such as test results or x-rays.
Typically these plans have waiting periods starting from the date you become disabled until you can start to receive your benefits. Many, for example, require that you first max out any and all sick time and short-term disability benefits (three to six months) before receiving any long term disability. Some even require that you also file for Social security disability benefits.
How long benefits are paid also depends upon the plan itself. For example, some will pay for two or five years, while others until you reach age 65. The average amount of time someone with a long term disability takes is almost three years.
Whatever your disability is, you do not want to file for benefits on your own and risk your application being denied. Contact our Florida long term disability lawyers today to find out how we can help.
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