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

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

Kansas long-term disability plans may not conflict with ERISA regulations and laws, as the federal program takes precedence over state programs. Kansas employers may opt for long-term disability benefits that have more coverage than ERISA requires, but they cannot offer less.

Not every employer offers long-term disability (LTD) coverage, and the ones that do often make this insurance optional or require the employee to pay a portion of the premiums. If you don’t know whether you enrolled in this benefit, your company’s Human Resources department should be able to provide information about your coverage and instructions for filing a claim.

Benefits Eligibility Under Kansas Long-Term Disability Laws

Your eligibility for an LTD claim will depend on your policy, although most insurance carriers share common eligibility requirements, such as:

There is likely a waiting period. This may be called an “elimination period” in your policy. It’s a time between the date your medical provider declares you disabled and the date you can start collecting long-term disability benefits. This can be anywhere from 30 to 180 days.
The insurance company approves or denies your claim. Your employer does not have a say in approving your LTD claim. That responsibility falls to the insurance company’s claims adjuster.
There is an appeal process. LTD plan documents should contain a section detailing the process for appealing a denied claim, allowing you to provide supplemental information that may improve your chances of approval. However, most policies only permit one appeal and will likely dismiss an incomplete or insufficient appeal. You are permitted to have a lawyer draft the appeal on your behalf. An attorney could also gather more evidence to support your claim.
You may need re-approval. Your policy may contain a clause requiring reevaluation after a certain period or after a specific dollar amount has been paid out.
You may need to present medical records. You’ll need the initial diagnosis and may have to submit proof of compliance with your doctor’s directives to continue coverage.

How Does Kansas Define Long-Term Disability?

Long-term disability is typically classified as a disability that prevents a worker from performing a job due to a physical or mental medical condition. Depending on the type of policy, “disability” may mean a person is disabled from performing the functions of “any” job or the functions of their “own occupation.”

Each Kansas LTD plan may describe a long-term disability differently, and each may have a specific amount of time you must be disabled before the disability is considered “long-term.”

Kansas Long-Term Disability Benefits

The specific amount a participant receives usually depends on their earnings at the time the policy was purchased. Many plans offer 60-70% of the wage earned in the year prior to the policy purchase, but read potential plans carefully before enrolling.
There is also the consideration of tax. If your employer pays the premium for your LTD plan, then you will pay taxes on the distribution. However, if you paid your own premium, or part of it, with your after-tax income, then that part of your disability income isn’t federally taxable.

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