If you are unable to work for a long period of time, you may be able to apply for long-term disability benefits through various avenues.
If an injury or illness suffered during the scope of employment is the reason you cannot work, applying for workers’ compensation benefits may be the right avenue to pursue.
In other situations, such as if the injury or illness did not occur at work, you might be able to file a claim under a long-term disability insurance policy. Navigating the process of determining coverage and applying for your claim can be complicated, though, and things get even more difficult if your claim is denied.
A Georgia long-term disability attorney at Julie Rice Law can help you in these situations. Our firm can work with you to ensure that if you have long-term disability coverage, it pays as promised and provides the income you need and deserve.
Give us a call today to learn more about how we can help you in Atlanta and the surrounding areas throughout Georgia when you need assistance getting the benefits you deserve after a disability diagnosis.
Types of long-term disability claims
There are two types of long-term disability claims that you may be eligible for after you are disabled due to illness or injury.
1. Long-Term Disability Claims Through Your Employer
As part of your benefit package at work, you may be entitled to long-term disability coverage. In the event you cannot work for an extended period of time, you can file a long-term disability claim through your employer’s long-term disability insurance provider.
However, the law, rules, and procedures regarding employer-sponsored long-term disability insurance are governed by ERISA, or the Employee Retirement Income Security Act of 1974.
Further, each insurance policy differs, with individual provisions regarding conditions that qualify for payout, exclusions for pre-existing conditions, and limited payout time frames.
If you need help filing a claim with your employer’s plan, understanding your rights, or wish to know more about the law, let us help. Our personal injury lawyer team at Julie A. Rice, Attorney at Law, & Affiliates, has decades of combined practical experience helping individuals in Atlanta, Georgia, and surrounding communities who are unable to obtain compensation.
2. Long-Term Disability Claims Through A Private Policy
Instead of applying for benefits through your employer, you may have secured long-term disability benefits through a private insurance policy.
These types of policies are not governed by ERISA but are still complex. Similar to employer-sponsored policies, private long-term disability policies also have specific provisions regarding the types of conditions that are covered and not covered, payout amounts and time limits.
If you have a private insurance policy and either need help filing a claim or have already filed a claim, which has been delayed or denied, let us help. Our experienced team of Georgia long-term disability attorneys can review your policy, help explain the law, and determine a course of action for your individual situation.
Why are long-term disability claims denied?
Whether you are making a claim through an employer-provided policy or through an individual policy, it is important to understand the most common reasons claims are denied, as this can help you to avoid having your request for benefits turned down.
Some common reasons Atlanta insurers refuse to pay claims include:
- No covered disability: Insurers may claim you are not disabled under the definition found within your policy.
- Insufficient proof: Your insurer may argue that you don’t have the right evidence of disability, such as detailed medical records from a qualified and trained professional
- Pre-existing condition: You typically won’t be covered for a disabling condition that existed and impacted your work abilities before you got your insurance coverage
- Failure to get recommended treatment: If there is a fix for your condition, you typically can’t choose just not to take advantage of it and to collect disability benefits instead
You can aim to avoid a denial by making sure you have submitted a comprehensive and detailed application with the right documentation from the start. If your claim is denied, you have the right to appeal that denial to fight for benefits.
A Georgia long-term disability attorney can help with both your initial claim and in situations where appeals of a denial become necessary because your insurer doesn’t act fairly and in full compliance with your policy terms.
How does a Georgia Long-Term Disability Lawyer Help?
At Julie Rice Law, our firm provides help with both your initial claim process and with responding to denials. Our team can:
- Help gather evidence to demonstrate that you have a covered disability
- Guide you through the claims process, including understanding and following your insurer’s requirements
- Respond with a timely appeal if your claim is denied
- Navigate the internal appeals process with your insurer
- Pursue a court claim if necessary when internal appeals are unsuccessful
Getting timely help from a skilled Georgia long-term disability lawyer can help maximize your chances of resolving your claim quickly so you and your loved ones are not left in limbo without the benefits you need.
Getting Help from a Georgia Long-Term Disability Attorney
If you need help with any aspect of a long-term disability insurance claim, reach out to us for help. This area of law is complex. Hiring a lawyer who understands the process is very important to securing the benefits you need.
Call today. If you have a question, you can also send us an email (juliericelaw@icloud.com).