Every person who suffers from a disability and is unable to work should get the compensation they are entitled to. Unfortunately, this isn’t always the case. Here is what you need to know about Long Term Disability (LTD) and what you can do about your benefits:
What are long-term disability benefits?
LTD benefits are designed to help you maintain financial stability if you are unable to work because of a debilitating injury or extended illness. This disability insurance is available primarily through private purchase or by purchasing a policy through a benefit plan offered by an employer. The amount of money a person will receive from LTD benefits can lie anywhere between 50 to 80% of an individual’s previous earnings. Eligibility for LTD benefits depends on whether you meet the definition of disability as defined in your insurance policy and this can vary from policy to policy.
Denied long-term disability benefits
Insurance companies often try to deny legitimate claims.
Many people work hard and pay premiums for years only to find they are denied when they attempt to make a claim. This is discouraging as people are left unsure of their rights and are in need of assistance as they deal with the reality of a long-term injury or disability that is preventing them from working.
Insurance companies often present the following reasons for denying claims:
- The claimant does not meet his or her criteria for "totally disabled."
- Misrepresentations were made on the insurance application.
- The claimant is deemed to be able to return to work.
- The disability is a pre-existing condition that was not disclosed.
Unfortunately, the disability itself is not the only thing injured people have to worry about.
A debilitating injury or illness is likely to mean that the sufferer will not be able to return to work for an extended period of time, in many cases for the rest of their life. This loss of income makes it more difficult to deal with high medical costs, which means qualifying for a LTD claim is vital for disabled people.
Claimants are at a disadvantage as they often lack sufficient knowledge of insurance law and are unsure of how to challenge the misrepresentations of the insurance companies.
Long-term disability claims are subject to time limits and deadlines. You may not be able to claim if you take too long to proceed after you have become disabled or unfit to work because of a long-term illness.
Get help from the experts
Making a claim may seem straightforward, but if your claim is denied or your policy terminated, you want a strong advocate to help you access your long-term disability benefits. It is important that you retain a lawyer as soon as possible to avoid the expiration of any benefits, and to maximize your chances of success.
If you are suffering from a long-term disability, the personal injury lawyers at Harris Law can help you with the process of filing a claim.