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

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

Long-term disability insurance plans in Maryland must comply with federal ERISA regulations. Plans may offer more benefits or coverage but must offer at least the federal standard. Many employers offer long-term disability (LTD) insurance as part of their employee benefits package, and it’s a standard benefit for many Maryland government employees. It’s not required that all employers offer LTD coverage, though, so if your company does not, you may opt to purchase a private policy on your own.

If you become disabled and cannot work for a long period (usually six months or more, depending on the terms of your LTD policy), then you may file a claim with your LTD carrier. If you receive insurance coverage through your employer, your company’s Human Resources Department may be able to help you submit your claim paperwork.

Maryland Long-Term Disability Laws Regarding LTD Benefits Eligibility

Long-term disability benefits are partial wage-replacement benefits for people who cannot work for a long period of time because of a new disability. Each insurance carrier sets its own terms for the amount of the wage-replacement benefit, which is a percentage of your average wages for a set period of time (typically 50-70%).

There is no Maryland law that sets a waiting period before you can receive LTD benefits, although the average elimination period is six months. The average policy pays benefits for two to ten years. LTD policies require medical proof of the policyholder’s disability and documentation of their inability to either work in the same capacity as they did prior to becoming disabled or to work at any job at all. Most pre-existing disabilities or disabling medical conditions are excluded from coverage, as the policy is typically for new disabilities.

How Do Maryland Long-Term Disability Laws Define Long-Term Disability?

The Maryland Insurance Association (MIA) regulates insurance policies in the state and ensures that the rates are fair. It also investigates cases of fraud or unfair denials.

The MIA notes that a disability is a condition that prevents the insured from completing the duties of their job, and therefore, they are unable to earn more than 80% of the wages they earned prior to the onset of the disability. It notes that a long-term disability is one in which someone, after being paid benefits for 12 months, is still unable to engage in gainful employment and is unable to earn 80% of their pre-disability income.

LTD policies also have certain excluded conditions, so your new disability may not be covered. Your policy may also only cover disabilities you develop due to an accident, like a car wreck, and not progressive illnesses that prevent you from working, like cancer. Check your policy to see what conditions are covered.

Tax Considerations and Long-Term Disability Laws in Maryland

If your employer pays your LTD premiums as part of your benefits package, then you may have to pay federal taxes on the monthly payouts. However, if you pay your own premiums, then you should not have to pay taxes on any benefits you receive.

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