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.
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.
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.
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.
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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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.
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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.
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