Arkansas Residents – Get Assistance from Expert Long-Term Disability Insurance Lawyers

While Capitan Law is not licensed to practice in Arkansas courts, our long-term disability lawyers assist disabled Arkansas citizens with ERISA-governed disability insurance claims. As discussed in more detail below, ERISA is federal law. If you have a claim that is governed by Arkansas law, please contact a local attorney licensed to practice law in your state to assist you with that matter.

Facing a non-work-related injury or illness can threaten your financial stability. Let Capitan Law Law, your experienced long-term disability insurance lawyers, guide you through the application process of disability insurance via your employer’s ERISA-governed policy. Be aware that this process is complex, with insurance companies often attempting to minimize or deny benefits owed.

Our long-term disability attorneys will defend your rights, collate necessary evidence, and strive for the benefits you deserve. We offer free consultations, so call us at (267) 419-7888 today.

About ERISA and Long-Term Disability Insurance

The Employee Retirement Income Security Act of 1974 (ERISA) typically governs long-term disability insurance plans provided by employers. That means if your employer pays for part or all of your disability coverage, you must follow the rules and procedures set forth by ERISA. The benefits that are provided by your LTD insurance policy will replace a portion of your income for an extended period, which is generally determined by your plan and the nature of your disability. As mentioned above, these claims can get complex. An ERISA benefits claim attorney will provide knowledge and experience to guide you through the process.

Each policy varies slightly in its definition of disability, but in general, to be eligible for benefits, the injured individual must be unable to perform the duties of their own job. After some time, eligibility for benefits may change and may stipulate that the individual cannot complete any work at any job due to their disability.

Differences between LTD Insurance and Workers’ Compensation

The main difference between long-term disability and workers’ compensation is that LTD benefits provide a partial-wage replacement for someone who becomes injured while doing something unrelated to their work, while workers’ comp is for job-related injuries and illnesses. If you are injured at work, you may still be able to apply for disability insurance benefits depending on the specific language contained in your policy. However, if you are eligible for both types of benefits, LTD benefits are usually offset by any benefits received through the workers’ comp claim.

Both insurance policies can come from your employer; however, not all businesses in Arkansas have a legal obligation to provide long-term disability to their employees. If your employer does not offer LTD insurance, you may have purchased your own individual disability plan and paid the monthly premium. It is also possible to have a policy you purchased yourself and one provided through your employment relationship. If you sustain an injury or get sick, you’ll be able to collect benefits based on your policy type. The attorneys at Capitan Law can help you understand the options available to you and are well-equipped to help you navigate these complex issues.

Disabilities Qualifying for LTD Benefits

LTD policies typically cover severe medical conditions that prevent you from maintaining your previous work schedule. These disabling conditions can include autoimmune diseases, back and spine injuries, mental health disorders, and many others.

Filing a Long-Term Disability Insurance Claim

Immediately file a claim when an injury or illness impedes your work. First, file a short-term disability claim; when these benefits end, and your disability persists, your LTD benefits can commence. Start the process early to resolve any claim denials or delays promptly. We are happy to assist you in the long-term disability application process.

Common Reasons for Claim Denial

LTD claim filing is complicated, with any errors potentially leading to denials. Common reasons for denial include discrepancies in the definition of disability, missing medical records, procedural errors, inconsistent information, bad faith by insurance, and lack of understanding of rare medical conditions.

Appealing a Denied Claim

You can appeal a denied long-term disability claim. Under ERISA, you must file the appeal within 180 days from the denial notification date. At Capitan Law, we understand the appeals process and will help you through each necessary step.

Long-Term Disability Laws in Arkansas

Are you an Arkansas worker who recently encountered a significant injury or illness that has left you with a long-term disability? Amidst the physical, emotional, and financial hurdles you face, it’s essential to understand your rights and the potential benefits you could be entitled to.

How Does Arkansas Law Define Long-Term Disabilities?

Long-term disabilities are impairments that significantly hinder your ability to engage in substantial gainful activity for a continuous period of 12 months or longer, or that might result in death. This broad definition encompasses a wide range of physical and mental conditions that substantially limit your ability to perform work-related tasks. It includes severe injuries, chronic illnesses, mental health disorders, and other impairments that have a long-lasting impact on your employability.

To determine if your condition qualifies as a long-term disability, Arkansas examines the duration, severity, and impact of the impairment on your ability to engage in gainful activity. The specific medical criteria and requirements for establishing a long-term disability could vary depending on the nature of your impairment and the disability benefits program you are applying for.

How Long Do I Have to Wait for Long-Term Disability Benefits in Arkansas?

The waiting period for long-term disability benefits in Arkansas varies depending on the specific disability benefits program or insurance policy that applies to your situation. Different programs or policies have different waiting periods or eligibility requirements you must meet before you can receive benefits.

Remember that the waiting period is not a waiting time for the application itself but rather a period during which you are not yet entitled to benefit payments. Additionally, the processing time for disability claims can vary, and it could take several months or even longer before you receive a decision on your claim. Therefore, it’s wise to initiate the application process as soon as possible to minimize any potential delays in receiving your benefits.

How Much Can I Get in Long-Term Disability Benefits in Arkansas?

The amount of long-term disability benefits you can receive in Arkansas depends on the specific disability benefits program or insurance policy you are eligible for. The benefit amounts can vary based on numerous factors, including the program’s criteria, your average lifetime earnings, and the nature and severity of your disability.

For private long-term disability insurance policies, the benefit amount can vary depending on the terms and conditions of the specific policy. These policies are typically purchased individually or provided through employers. The benefit amounts are often based on a percentage of your pre-disability income or a fixed number specified in the policy.

Contact our ERISA Benefits Claims Experts

At Capitan Law, we comprehend the urgency of receiving LTD benefits. We work tirelessly to protect your rights and ensure fair treatment during the claims process. If you’re unable to work in Arkansas, call us at (267) 419-7888 for assistance with filing for benefits.