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

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

Long-term disability (LTD) insurance provides wage replacement benefits for employees who are unable to work after becoming disabled or contracting a progressive disease. This is optional insurance coverage that employers may offer. If your employer offers LTD insurance and you participate, then your HR representative may be able to help you file a claim or provide the paperwork you need to submit it.

Nebraska does not require employers to offer LTD insurance, so you may purchase your own policy if your employer doesn’t offer this benefit. If you need to file a claim under a privately purchased policy, follow the policy instructions or contact your insurance company’s client representative for help.

Nebraska requires that all policies sold in the state not offer less coverage or more stringent eligibility conditions than federal ERISA standards require.

Nebraska Long-Term Disability Laws Regarding Benefits Eligibility

Nebraska insurance laws do not set state government standards for LTD benefits eligibility. Instead, each insurance carrier determines eligibility for benefits. While each policy may be slightly different, in general, policyholders are eligible for benefits if they:

Have been constantly employed for more than 12 months
Are full-time employees
Became disabled after enrolling in the policy
Are unable to work in their own occupation (the job they held at the time they became disabled) or
Are unable to work in any occupation (other jobs aside from their previous one)

There is likely an elimination period before LTD benefits kick in. This is a waiting period that must elapse before you are considered to be disabled for a long term. This may be as little as six months or as long as a year, although as a general rule of thumb, you may file a claim for LTD benefits once you’ve exhausted your short-term disability insurance benefits.

LTD benefits are wage-replacement benefits intended to provide income for people who cannot work due to disability or chronic illness. Most plans have specific excluded disabilities or illnesses, so your claim may be denied if your condition is one of these.

Your benefits may not be the full amount you earned before becoming disabled. Instead, the policy pays a percentage of your average pre-disability wage. Benefits range from 50-70% of that average wage, depending on the plan, and are paid monthly.

How Does Nebraska Insurance Law Define Long-Term Disability?

There is no law defining long-term disability in Nebraska. Instead, each insurance company defines the term. Some policies may consider a policyholder to be disabled long-term if they cannot work in any capacity, while others may pay benefits if the insured is unable to work in their pre-disability occupation.

On average, though, you would be considered disabled long-term if you were out of work (or in a limited capacity) for more than six months.

Nebraska Long-Term Disability Laws and Taxation

Long-term disability benefits may be subject to federal income tax. If your employer paid your premium, then your payout can be considered taxable income by the IRS. However, if you purchased your own premium or if you paid the premium of a policy offered by your employer, then your benefits may be excluded from taxation.

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