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Phoenix Long Term Disability Lawyer

Phoenix Long Term Disability Lawyer

The Employee Retirement Income Security Act (ERISA) governs disability benefits for employee group benefit plans, as most people receive disability insurance coverage through an employer-sponsored benefit plan. It is important to note that it does not govern private disability policies.

Still, because those applying for long term disability benefits apply via the insurance company, most of these applications are denied each year, warranting the assistance of an experienced long term disability/ERISA attorney to assist with the application and/or appeals process.

At the Law Offices of J. Price McNamara, we have decades of experience advocating for those who are disabled in Tonopah, Arizona, and surrounding areas. Having previously worked for insurance companies, we understand the intricate ins and outs of how to get the job done for our clients, and we handle cases on a contingency fee basis, so we only get paid if/when you get paid.

Your Rights Under ERISA

ERISA provides claimants with the following rights:

  • If benefits are denied or terminated, claimants must be provided with copies of any and all documents relevant to the claim;
  • If denied, claimants are allowed at least 180 days to file an appeal;
  • If a claimant files an appeal, the insurer must make a determination within 45 days of receiving the appeal. However, if special circumstances exist, the insurer must notify the claimant that up to an additional 45 days is needed. After 90 days, a determination is required;
  • The right to file a civil action in federal court under §502(a) after filing two appeals (within internal appeals process insurer sets forth);

Arizona Insurance Law

Keep in mind that long term disability policies are governed by state insurance law. In Arizona, long term disability pays you a portion of your income for a longer period of time than short-term disability. The length of time depends upon your plan and can range from a limited number of years to paying out until you reach a specific age. As in other states, long term disability policies require specific documentation from your doctor which, at a minimum:

  • Explains your condition;
  • Indicates (in detail) why you are unable to perform the functions of any job for which you are reasonably qualified (including an explanation of why you cannot do any other jobs that pay a percentage of what you once earned); and
  • Provides an estimate of how long you will be unable to work.

Contact Our Arizona ERISA Attorneys

If you or a loved one is filing a claim or has had their claim denied or their benefits terminated, we can help. Contact us today with any questions you have. We answer all questions FREE OF CHARGE and, if retained, only get paid if/when you receive the benefits you need.

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