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

While Capitan Law is not licensed to practice in Nevada courts, our long-term disability lawyers assist disabled Nevada 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 Nevada 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, 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 Nevada 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 Nevada

In the vast landscape of U.S. laws, one federal statute reigns supreme regarding long-term disability policies: the Employee Retirement Income Security Act, commonly called ERISA. Since 1974, this law has helped ensure that employees across the country receive the benefits promised to them by their employers, particularly regarding retirement and benefit plans.

Now, you might wonder how a federal law like ERISA impacts state laws, especially in Nevada. Here’s the crux of the matter: ERISA takes precedence over most state laws related to employee benefit plans. In legal terms, ERISA preempts state law. This means that regardless of each state’s diverse rules, ERISA is the ultimate authority.

ERISA is a complex law, and other laws like the Affordable Care Act sometimes impact disability plans subject to ERISA. If you have questions about ERISA or how it applies to your long-term disability insurance policy, one of our attorneys can help.

Eligibility for Long-Term Disability Insurance in Nevada

In Nevada, the insurance companies have the most say in determining eligibility for long-term disability coverage. Why? Because employers typically choose their preferred insurance providers. Once an employer chooses an insurance company, the insurer sets the criteria for who gets covered and who doesn’t.

If you work full-time and your employer offers long-term disability benefits, you usually stand a good chance of qualifying to purchase a policy. The Nevada Division of Insurance notes that a disability usually must last at least six months and fully keep you from working before you qualify for long-term disability benefits. That said, insurers sometimes make exceptions for fatal conditions expected to last less than six months.

However, let’s not forget those whose employers might not have such provisions. If you find yourself in this situation, all hope is not lost. In Nevada, individuals can purchase their own long-term disability insurance policy. This ensures that even if your employer doesn’t have a plan in place, you can still secure your future and have a safety net to fall back on.

While individual employers or insurers set their own eligibility rules, some conditions that are often excluded from long-term disability coverage include:

Pre-existing conditions
Mental health disorders
Injuries or illnesses related to substance abuse

Long-Term Disability Benefits in Nevada

While specific benefits vary across long-term disability policies, most include the following benefits:

Monthly Income Replacement: If a disability prevents you from working, the policy typically provides a percentage of your salary, ensuring you have funds to cover essential expenses. Most policies provide 50-60 percent of your pre-disability income, though some go as high as 80 percent.
Cost of Living Adjustments (COLA): Recognizing the rise in living costs over time, some policies come equipped with COLA. This ensures that your monthly benefits increase with inflation so that you don’t fall behind financially.
Waiver of Premium: If you’re receiving long-term disability benefits, some policies will waive the premium payments, meaning you won’t have to pay for the policy while it’s supporting you.

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 Nevada, call us at (267) 419-7888 for assistance with filing for benefits.