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Tulsa Long Term Disability Lawyer

Tulsa Long Term Disability Lawyer

Each year, many people find themselves struggling to get by after being diagnosed with long-term and disabling medical problems. From cancer to a lengthy recovery after surgery, a long term disability insurance plan can make all the difference for a family going through a serious health crisis. In fact, it does not have to be a condition related to work. Many people are diagnosed with medical problems that will take months to resolve or which could put them out of work for upward of a year or more. A long term disability (LTD) plan is designed to help by paying a portion of your salary for a set period of time, or until you can get back to work.

At the Law Offices of J. Price McNamara, we work to make sure all deserving beneficiaries get the benefits that are due. If you have been unjustly denied benefits in or around Tulsa, OK, call us to talk to an attorney about your options.

Fighting for Long Term Disability

Getting your employer’s LTD plan to pay when you have been rendered unable to work can be a bit of a mystery for some. After all, each insurance policy is different, and the requirements and eligibility rules may vary widely. However, there are certain basic rules that all plans should have. Once you understand these rules, you should be able to see where an attorney can help.

LTD Benefits are a Creature of Contract

While it may seem like it is your LTD plan, it is actually a contractual agreement between your employer and the insurance carrier that underwrites the plan agreement. To further complicate things, a lot of employers opt to use a third-party administrator (TPA) to handle the day-to-day operation and administration of the funds in the plan. This is done to ensure compliance with federal laws that require employers to ethically and responsibly handle the employee money that is contained within a plan.

The important thing to remember is that although you are not necessarily a party to the contract, the contract was created to benefit you. Federal laws were written to ensure that you are protected against the plan being misused.

The Contract Controls Your Options Up to a Point

Under the federal law known as ERISA (Employee Retirement Income Security Act of 1974), your LTD plan must give you a minimum of 60 days to appeal a denial. The procedure for this must be clearly listed in your plan materials and in the denial letter. To this extent, the LTD plan controls how you appeal a denial.

Once you have exhausted all of the options available through the contract, if your employer’s plan administrator is still denying you improperly, you may have a right to file a lawsuit seeking to prove your eligibility for benefits.

How an Attorney Can Help

When you call the Law Offices of J. Price McNamara, we can carefully listen to your situation and review the terms of your denial and the plan documents. In many cases, we have found that clients were improperly denied for minor technicalities that could easily be overcome. In other cases, we have had to file lawsuits and take the matter to court to obtain justice. In either case, the earlier you contact us, the better your chances. So call today to get a free consultation with an attorney.

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