Long Term Disability
Long term disability insurance is supposed to protect your income and provide wage replacement for you and your family when you can no longer work. There are many different types of disability insurance policies. If you get your disability insurance coverage through work those benefits are contained in a long-term disability (“LTD”) policy and are governed by ERISA. LTD benefits usually provide you with a portion of your income when you are unable to work due to disability. If you have LTD insurance, you can often collect LTD benefits in addition to any Worker’s Compensation or Social Security disability benefits you are entitled to.
Some disability policies are called Loss of License policies, and they provide a portion of wages if you lose your license to perform your job due to disability. These policies are commonly purchased in addition to LTD insurance for professions that require licenses, like doctors, pilots, drivers, and attorneys. You can also purchase individual disability insurance directly that covers just you. This type of policy is typically referred to as an individual disability insurance (“IDI” or “DI”) policy and is not governed by ERISA but is governed by state contract laws.
Insurance policies are purposefully drafted in confusing terms. Some insurance carriers use contractual loopholes to delay or deny claims. Don’t let the insurance company beat you down and most importantly don’t give up. ERISA has very complicated procedural rules that must be followed in order to preserve your rights. For example, you must complete an appeal process with the insurance company. Don’t be fooled. Disability insurance companies are not your friends. Their job includes keeping an eye on the bottom line. They understand the rules and will use those rules against you. The appeal is crucial to the success of your disability claim. The insurance companies know you are going through a difficult time in your life, that you may not be at your best, and you may not be prepared to fight the insurance company on your own. But this is your policy. Those are your benefits. Protect What’s Yours. Our attorneys can help.
Our Charlotte ERISA disability lawyers offer free consultations on all Disability Claims and ERISA matters because we understand the unfair troubles that you are experiencing, which is why we want to help. Call us at 704.919.1519 or send us an email to schedule a time to speak with one of our attorneys.
Marcellino & Tyson, PLLC maintains co-counsel relationships with attorneys in South Carolina, Maryland, Georgia, Virginia and in each state in which we assist disability/ERISA clients.