Long-term disability (LTD) coverage is a common benefit offered by many employers and sometimes purchased individually. The purpose of such an insurance policy is to ensure you can continue to receive most of your salary if you become physically unable to work.
While this may give you peace of mind and seem straightforward, qualifying for Texas ERISA long-term disability insurance can actually be a long and difficult process without a qualified ERISA attorney’s help. The most important qualifying factor is to prove via sufficient medical evidence that you meet the definition of disability as provided in your policy contract. You must also adhere to waiting periods and other requirements.
Anyone who believes they qualify for a disability insurance claim should first consult the summary plan description in the policy. The exact way that disability is defined typically dictate whether or not an applicant has a chance at being approved. In general, most insurance companies state that an employee is totally disabled if they are unable to perform the duties of their own occupation due to an illness or injury.
However, insurance companies are bound to the provisions of the federal Employee Retirement Income Security Act (ERISA) of 1974. This act provides disability applicants with certain rights and outlines the process of applying and appealing a claim.
Some plans may have provisions for a partial disability claim if the applicant cannot work full-time in their own occupation anymore, even if the applicant is capable of working full-time or part-time at another job. Additionally, many insurance carriers require that the applicant no longer be on their employer’s payroll in order to apply for benefits.
When it comes to qualifying for long-term disability benefits, the most important factor is the opinion of the treating doctor. As a part of the application process, the physician must complete a form or write a statement about their opinion of a disability applicant’s medical condition. While the opinion of this physician is vital to the claim, the claims administrator may also want hard proof of the disability, such as medical records that include all test reports, clinic notes, and surgical reports.
Another key factor to qualifying for Texas ERISA long-term disability insurance benefits is the ongoing nature of the disability. It is important that the applicant continues to receive treatment and oversight from their physician during the application and approval process.
Even after an applicant is approved for benefits, they may want to continue any treatments or medical appointments recommended by the treating doctor. Not complying in medical treatment can be grounds for the insurance carrier to stop the benefits.
Qualifying for Texas ERISA long-term disability insurance is often not easy. The process can be frustrating and time-consuming, which is why many applicants choose to have an attorney represent them in their claim.
Our attorneys have experience in dealing with ERISA insurance carriers and may be able to help you qualify for the benefits you have paid for. Your dedicated Texas ERISA attorney could discuss your situation and craft a plan to move forward with your claim. If you need help qualifying for these benefits, call an experienced legal advocate that could help.
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.