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Shreveport Long Term Disability Lawyer

Shreveport Long Term Disability Lawyer

If you have discovered that you will be out of work for an extended time due to illness or injury, you may have a right to receive income replacement through a long term disability insurance policy (long term disability Insurance) with the help of our Shreveport Long Term Disability Lawyer. Many Americans are covered by employer-sponsored long term disability insurance policies, and some do not even know it.

However, it is not uncommon for these insurance companies to deny claims outright, even for no good reason. Insurance companies know that most people will simply accept their denial and move on. For the handful of people who fight back, the Law Offices of J. Price McNamara may be able to help obtain the hard-earned benefits that have been earned and paid for through payroll deductions.

What Law Applies to Long Term Disability Insurance?

Under the federal law called the Employee Retirement Income Security Act of 1974 (ERISA), you have a right to appeal a denial of an employer-sponsored long term disability or short-term disability policy. This law requires employers to responsibly manage funds collected through payroll deduction. It also requires them to pay valid claims in a timely manner.

Why do long term disability Insurance Claims Fail?

Some of the most common reasons for a claim denial are:

  • Failing to file paperwork on time
  • Filling out forms incorrectly
  • Not using the correct forms
  • Missing deadlines
  • Inadequate medical evidence
  • Physician’s report does not address the legal issues surrounding your disability

For technical denials (denials based on paperwork or deadlines), the solution may be as simple as making a few corrections. In a substantive denial (due to inadequate medical evidence), you may need to follow-up with the right kinds of medical providers or submit additional documentation to verify your eligibility under the insurance policy.

How do Long Term Disability Insurance Policies Work?

A long term disability insurance policy is a contract that sets forth the terms of what qualifies as a disability and how long you must be disabled in order to receive payment through the plan. Generally, there are two periods of time you should be aware of:

  • Elimination Period.  This is effectively a waiting period before you can begin getting payments. It usually ranges from about 30 days up to six months. Typically, you will pay more in premiums to get a shorter waiting period. If you have a 90-day elimination period, it just means you must have a continuous and ongoing disability that has lasted for at least 90 days before the plan will pay. In most cases, your employer will also offer a short-term disability plan that can begin paying quickly and cover you until your long term disability benefits kick in.
  • Benefit Period. This is how long you can receive benefits from a long term disability insurance plan.  Again, you can often choose a more generous plan with a longer payout period or a more affordable, shorter benefit period. Benefit periods can be as short as a year and as long as until you retire.

What to do if Denied

If you have been unfairly denied long term disability insurance coverage, call the Law Offices of J. Price McNamara today to schedule a completely free consultation with our Shreveport Long Term Disability Lawyers near you.

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