Shreveport, Louisiana Long-Term Disability Attorney

A long-term disability claim under an ERISA policy in Shreveport, is a request for benefits when you can’t work due to a serious illness or injury. ERISA is a federal law that protects employees’ rights to certain benefits from their employers’ disability insurance plans. To qualify, you must prove that your condition prevents you from doing your job and that you meet the policy’s requirements. If approved, you receive monthly payments to replace part of your lost income.

At J. Price McNamara ERISA Insurance Claim Attorney, our team will fight for your rights every step of the way and pursue the benefits you need for your long-term disability.

For a free case evaluation and legal consultation with a skilled Shreveport, long-term disability lawyer, please contact us online right away.

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Why Should We Represent You?

In a long-term disability claim or lawsuit, the insurance company is never on your side. Instead, they will do everything in their power to undervalue – or outright deny – your claim for benefits. The insurance lawyers at J. Price McNamara ERISA Insurance Claim Attorney know how to fight for your rights and recover the benefits you need for your disability. Additionally, we are not afraid to litigate your case to a conclusion in the federal court system if that step becomes necessary.

You can see our most recent client testimonials and case results online.

How Much is a Long-Term Disability Claim Worth in Shreveport?

If you file a long-term disability (LTD) claim under an ERISA (Employee Retirement Income Security Act) policy in Shreveport, Louisiana, you may receive compensation for various damages. The goal of LTD benefits is to replace a portion of your income if you’re unable to work due to a serious illness or injury.

Categories of Compensation:

• Monthly Disability Benefits – The main compensation you receive is a monthly payment. Typically, this is a percentage of your pre-disability salary, often around 50 to 70 percent. The exact amount depends on your specific policy. For example, if you earned $5,000 per month before your disability, and your policy covers 60 percent, you will receive $3,000 per month in benefits.
• Retroactive Benefits – If your claim is approved after a waiting period or a denial is overturned, you may be eligible for back pay. This compensates you for the period of time between when you first became disabled and when benefits start.
• Cost of Living Adjustments (COLA) – Some policies offer annual increases in your benefits to adjust for inflation. This can help to ensure that the value of your benefits keeps up with rising living costs, though not all policies include this feature.
• Other Benefits – If your disability is permanent or expected to last a long time, you may qualify for Social Security Disability Insurance (SSDI). In many cases, your ERISA policy may reduce your monthly LTD benefits by the amount you receive from SSDI, ensuring you’re not overcompensated.

Amount of Compensation:

The amount of compensation you receive can vary based on several factors, including your pre-disability income, your policy’s coverage limits, and other benefits you receive. Some policies have a maximum benefit cap, meaning there’s a limit to how much you can receive each month. For instance, even if your salary is high, you may be limited to receiving no more than $10,000 per month in LTD benefits.

Occurrences that May Lead to a Long-Term Disability Claim in Shreveport

Individuals may be eligible for LTD benefits under an ERISA policy in several common situations. These benefits are designed to provide financial support to workers who can no longer perform their job duties due to various medical conditions, including the following:

• Injuries – Physical injuries, especially those that occur on the job or through accidents, are a frequent reason people apply for LTD benefits. For example, back injuries, severe fractures, or traumatic brain injuries can lead to ongoing pain or limited mobility. These conditions often prevent individuals from returning to work, especially if their job involves physical labor.
• Cardiovascular Diseases – Heart attacks, strokes, or chronic heart conditions can make it difficult for individuals to work – particularly in jobs that require physical exertion or high stress. People suffering from these conditions often qualify for LTD benefits as their ability to perform daily tasks becomes severely affected.
• Musculoskeletal Disorders – Chronic health conditions like arthritis, degenerative disc disease, or carpal tunnel syndrome may cause long-term pain and restrict movement. These disorders often develop over time due to repetitive motion, aging, or previous injuries.
• Mental Health Conditions – Disorders like depression, anxiety, post-traumatic stress disorder (PTSD), and bipolar disorder can also make someone eligible for LTD benefits. Mental health conditions can affect an individual’s ability to concentrate, interact with others, or handle job-related stress effectively.
• Chronic Illnesses – Diseases like diabetes, cancer, chronic obstructive pulmonary disease (COPD), and kidney disease often require long-term medical treatment and can prevent individuals from maintaining consistent employment.
• Neurological Disorders – Conditions like multiple sclerosis, Parkinson’s disease, and epilepsy severely affect an individual’s movement and coordination. These progressive disorders often worsen over time, making it difficult for them to continue working.

In any of these situations, ERISA policies can help replace lost income when a person becomes disabled.

How to Prove a Long-Term Disability Claim in Shreveport, Louisiana 

Proving the elements of an LTD claim under an ERISA plan in Shreveport, requires gathering strong evidence and meeting certain conditions established under your disability insurance policy. Here’s how you can prove the key elements of your LTD claim.

• Prove that You Are Covered Under the Policy – First, you need to show that you are enrolled in your employer’s long-term disability plan and are eligible for benefits. This means proving that you were a full-time or part-time employee at the time of your disability and have been paying the necessary premiums. You can provide pay stubs, benefits enrollment paperwork, or policy documents to show your coverage.
• Prove that You Meet the Definition of “Disability” – Each LTD plan has a specific definition of “disability,” which you must meet. To prove this element, you need to show that your medical condition prevents you from performing your job duties or, in some cases, any job you are qualified for. Review your policy to understand its definition of disability. 

Medical documentation is essential here. This includes:

• Doctor’s Reports – These include your doctor’s written statements about your medical condition, treatments, and specific limitations on your ability to work.
• Diagnostic Tests – Including MRI results, X-rays, blood tests, or other diagnostic reports that provide proof of your condition.
• Treatment Plans – Records of the treatment you’re receiving, such as medications, surgeries, physical therapy, or other interventions.
• Prove that the Elimination Period Has Passed – Most LTD policies have an elimination period, which is the time you must wait after becoming disabled before you can receive benefits. This period usually lasts from 90 to 180 days. To prove this element, keep records of when you became disabled and documentation showing that you could not work during the elimination period.
• Prove Ongoing Disability – Many LTD plans require that you continue proving your disability throughout your claim. This means you need to keep up with regular doctor visits and submit updated medical records showing that you’re still unable to work. This ongoing documentation is necessary to maintain your benefits.
• Respond to Requests for Additional Evidence – The insurance company may request more evidence to support your claim. Be prepared to respond quickly to these requests, providing any additional documentation that is necessary.

Fighting the Insurance Company in a Shreveport, Louisiana Long-Term Disability Claim

Filing an LTD claim under an ERISA policy can be challenging, especially if your insurance company denies your claim. If you live in Shreveport, and face difficulties with your LTD claim, we at J. Price McNamara ERISA Insurance Claim Attorney can fight the insurance company. Here are some ways we can advocate for you during this process:

• Gather Strong Medical Evidence – One of the most important parts of any LTD claim is providing solid medical evidence. Insurance companies often deny claims due to insufficient or incomplete medical records. We will work with your doctors to gather all necessary documentation, including medical reports, diagnostic tests, and treatment plans, to support your claim. We will also ensure that your medical records clearly show how your condition prevents you from working.
• Appeal a Denied Claim – If your claim is denied, you can appeal the decision. The appeals process can be complicated, but we can handle it for you. We will carefully review the insurance company’s reason for denying your claim and identify any errors or missing information. Then, we will submit a strong appeal on your behalf, ensuring all required evidence is included and deadlines are met.
• Handle All Communications with the Insurance Company – Insurance companies sometimes use tactics to delay or deny claims, such as asking for unnecessary information or taking a long time to respond. We can handle all communications with the insurance company for you. This ensures that your claim is not delayed by back-and-forth requests and that the insurance company cannot take advantage of you during the process.
• Build a Strong Case for Court if Necessary – If your claim is wrongfully denied and appeals don’t work, we can take your case to federal court. In ERISA cases, there are strict rules about what evidence can be used. We will prepare a strong legal case, using all available evidence, to fight for the benefits you deserve.
• Protect Your Rights – Throughout the process, we will ensure your rights are protected. Insurance companies are supposed to follow certain rules under ERISA, and we will ensure that they are held accountable if they don’t.

Successfully Litigating a Long-Term Disability Claim in Shreveport 

Successfully litigating an LTD claim in Shreveport, involves several key steps. If your claim has been denied or you’re having trouble with your ERISA policy, taking legal action may be necessary. Here’s an overview of the steps involved in bringing your case to federal court and achieving a successful outcome.

• Filing a Complaint – The first step in litigation is filing a complaint in federal court. This legal document outlines your case against the insurance company, explaining why you believe they wrongfully denied or undervalued your claim. The complaint includes details about your disability and the benefits you’re seeking. It also states the legal grounds for your case, typically involving a breach of contract or violation of ERISA regulations. Once the complaint is drafted, it is filed with the appropriate federal court in Louisiana.
• Serving the Complaint – After filing the complaint, you must serve it on the insurance company. This means formally delivering a copy of the complaint to the insurer so they are officially notified of the lawsuit. Service is typically done through a process server or another method allowed by law, such as certified mail. This step ensures that the insurance company is aware of the legal action and has the opportunity to respond.
• Engaging in Discovery – Discovery is the process where both sides gather evidence to support their case. This step may involve exchanging documents, including medical records, insurance policy documents, and statements from witnesses. This evidence helps build your case and allows both sides to understand the strengths and weaknesses of each other’s arguments.
• Pursuing Summary Judgment – Often, LTD cases are resolved through a summary judgment motion rather than a full trial. Summary judgment is a legal request to the court to decide the case based on the evidence presented without a trial. It argues that there are no significant facts in dispute and that you should win as a matter of law. This is more common than going to trial because it can save time and costs if the evidence clearly supports your claim. If the court grants summary judgment, you’ll win the case without needing a trial.

Talk with a Skilled Long-Term Disability Attorney in Shreveport, Louisiana Right Away 

At J. Price McNamara ERISA Insurance Claim Attorney, we can handle every step of the long-term disability claims-filing and litigation processes for you in pursuit of the full benefits you deserve. For a free case evaluation and legal consultation with a knowledgeable Louisiana ERISA attorney , please call us today at (225) 201-8311 or visit us online.