Kansas Long-Term Disability Insurance Lawyers
Abell and Capitan Law has the experience and resources to assist you with your disability benefits application or appeal a denied claim. We understand the frustration that comes with having an injury that prevents you from working. It’s a stressful experience. You wonder how you’re going to afford your medical bills and other associated costs. We’ll protect your rights and ensure the insurance company pays you what they owe you.
When a non-work-related injury or illness keeps you from earning a living, you may be able to turn to your employer’s long-term disability benefits. If they purchased a policy, you could file a claim with their insurance company to compensate you for your lost income.
Abell and Capitan Law is specifically and solely focused on disability law, and we know what it takes to get the maximum disability benefits available. You can depend on us to handle every aspect of the legal process and secure the evidence needed to build a strong claim. Call (267) 419-7888 to schedule a free consultation with one of our Kansas long-term disability insurance lawyers.
What Are Long Term-Disability Benefits?
When an injured or ill worker can no longer perform their job, they can collect benefits from their employer’s long-term disability insurance or from an individual insurance plan. The payments you receive will be at a percentage of your average weekly wages before the disability occurred. Typically, the percentage is anywhere from 50% to 80%. The exact number will depend on the policy provisions. If your employer purchased the insurance plan, it falls under ERISA law. The Employee Retirement Income Security Act requires insurance companies to disclose pertinent policy information to employees.
When you request a copy of the policy, you’ll see a list of medical conditions that qualify for coverage, information on how to file a claim, exclusions that prohibit the collection of benefits, and other necessary details. Your Kansas long-term disability insurance lawyer will review everything and discuss your rights. We’ll make sure to explain every aspect, so you understand what you’re entitled to, based on the plan’s features.
Whenever you get hurt or sick, you’ll have to notify your employer immediately. They will provide an application you’ll need to complete to submit to the insurance company. There are typically sections for you, your employer, and your doctor to fill out describing how the injury occurred and why you’re unable to perform your job duties.
While you’re collecting disability payments, you must follow up with your medical providers. They will have to prove that you still have a disabling condition that keeps you from maintaining adequate employment. If you stop treatment or regularly skip doctor’s appointments, the insurance company will probably deny your claim or stop sending payments. Medical records are vital in proving you have an injury or illness and can no longer function at normal capacity.
Disabilities Eligible for LTD Benefits
Every long-term disability insurance policy lists the medical conditions approved for coverage. If your injury or illness is on that list, you could apply for benefits. Every insurance company might have some variations, but for the most part, the following conditions qualify:
- Autoimmune diseases
- Respiratory illnesses
- Scars and burns
- Cardiovascular disease
- Mental illness
- Broken bones
- Occupational illness
- Traumatic brain injury
- Loss of limb
- Spinal cord damage
How to File an LTD Claim
It’s important that you take a few essential steps following your injury or illness to protect your right to long-term disability benefits:
Step 1: Ask your employer or their insurance representative for a copy of the policy. Review it, so you know if your disability is eligible for benefits. Be sure to look over the exclusions thoroughly. Sometimes an injury might qualify for payments but the incident that caused it doesn’t. Abell and Capitan Law can help you understand the policy language and whether you fall under the specific requirements.
Step 2: Visit your doctor and discuss in detail the injury you sustained and how it affects your ability to do your job. They will perform an evaluation and write a physician statement to provide to the insurance company. Be sure to read through the letter before you submit it with your application for LTD benefits. If your doctor doesn’t specifically state the disabling condition and its impact on your job performance, you could end up with a denied claim.
Step 3: Hire a lawyer from Abell and Capitan Law. We can take care of each step of the process on your behalf. You won’t have to worry about communicating with the insurance company or collecting evidence proving your disability. We’ll relieve your burden and handle everything for you. You’ll only have to focus on going to the doctor and trying to recover.
Step 4: Follow up with all your medical providers until you can return to work, make a full recovery, or reach maximum medical improvement. Try to avoid skipping appointments or having a large gap in between each one. Insurance companies will look at the timeline of your treatment to determine the validity of your claim. They’ll need proof that you suffered an injury and require ongoing medical care.
Step 5: Keep detailed notes about everything associated with your case. If you discuss your claim with the insurance representative over the phone, follow the conversation with an email. Make a copy of every form the insurance company asks you to complete. Keep correspondence between you and your employer. Every document you’re able to maintain can be useful in your case.
Step 6: File your LTD claim on time. There are strict deadlines during the claims process. If you miss a deadline, it could ruin your chance of recovering benefits. Your Kansas long-term disability insurance lawyer will ensure everything gets done in a timely manner.
Why Did the Insurance Company Deny My Claim?
Sometimes a denial is an honest mistake. Maybe the insurance adjuster misread the application. Other times, the insurance company will act in bad faith and deny the claim unfairly. However, there are situations where their decision is valid.
Common reasons for denied LTD claims include:
- Your disability is from a preexisting medical condition.
- You missed a crucial filing deadline.
- You submitted your application with missing or incomplete medical evidence.
- The information you provided includes discrepancies or inaccurate details.
- Your injury or illness doesn’t match the LTD policy’s definition of a disability.
- You returned to work and are earning your usual wages.
When you hire Abell and Capitan Law, your Kansas long-term disability insurance lawyer will protect your rights and ensure the insurance company treats you fairly. If they acted in bad faith, such as unnecessarily delaying the claim process, we’ll have a valid reason to file an appeal. Despite ERISA laws, there are many instances of insurance companies taking advantage of claimants and denying claims without a proper investigation. It’s our job to make sure that doesn’t happen to you.
What Should I Do If My Claim Is Denied?
If your employer provides your long-term disability insurance coverage, you must follow ERISA law to appeal a denied claim. To file an administrative appeal, you must do so within 180 days from the denial letter date.
The letter you received from the insurance company should include why they denied the claim and instructions on how to file an appeal. Your Kansas long-term disability insurance lawyer will review the letter and determine the best method for appealing the decision.
We’ll review every document you submitted to determine if anything was missing or inaccurate in the original claim. We can collect additional evidence to send to the insurance company that proves you deserve LTD benefits. Examples include:
- Affidavits from medical experts
- Copy of your job description and responsibilities
- Statements from family and friends on the impact of the disability on your daily life
- Additional hospital, imaging, surgical, and other medical records
- Affidavits from vocational experts
If the insurance company denies your appeal, we can move forward with a lawsuit. There’s a deadline for filing a lawsuit against an ERISA insurance company. It will depend on the policy your employer purchased; however, most have a three-year statute of limitations.
Why Choose Abell and Capitan Law?
We have a dedicated legal team that will fight vigorously to protect your rights. We know the importance of receiving the maximum benefit payments available. When you’re unable to work, it’s an overwhelming feeling. You’re wondering how you’re going to pay your bills and support your family. We’ll relieve your burden by handling every step of the process. You can depend on us to remain by your side from start to finish of the case. We will always make you a priority.
When you hire Abell and Capitan Law, our Kansas long-term disability insurance lawyers will work efficiently to resolve your case. We know you don’t want this to drag out for months or years. We’ll do our best to reach a favorable outcome promptly so you can move forward with your life. We have the experience and resources to handle LTD claims and appeals for our clients.
We take cases on a contingency-fee basis. That means there are no upfront fees or costs. You won’t have to pay us unless we recover the disability benefits owed to you. If we lose, you won’t owe us anything.
Contact Abell and Capitan Law 24/7 at (267) 419-7888. Our legal professionals are ready to take your call and schedule your free consultation.