Columbus Long-Term Disability Lawyer
Living with a disability is never easy. This disability can come about due to an accident that occurred while at work, as the result of a serious illness, or simply as a cumulative effect of years of hard labor. All workers have the option of applying for the Federal government’s SSI and SSDI programs, but others are covered by an employer-provided long-term disability (LTD) insurance plan.
These plans can provide supplemental income for any time that an employee is unable to work. However, as with all insurance companies, the long-term disability providers make a profit through denying claims. A Columbus long-term disability lawyer can help to argue your claims for disability benefits and obtain the payments that you deserve. Contact a skilled personal injury attorney to begin your case.
Reasons for Long-Term Disability
In order for a worker to qualify for a long-term disability program, they must first have enrolled in that program. Workplaces that offer an LTD program give their employees the option of enrolling when they are hired.
This will always involve the payment of a plan premium that must be up to date when the disability begins. This disability can take on many forms. A worker may be injured while on the job. This will result in a workers’ compensation claim in addition to any LTD claim.
But unlike workers’ compensation, an LTD claim does not need to be rooted in a workplace injury. Instead, the disability can be the result of any injury or illness. Examples of these conditions include:
- Degenerative Disk Disease
- Neurological Diseases
- Cancer
- HIV/AIDS
- Severe Depression
- Anxiety
- Bi-Polar Disorder
- Schizophrenia
As Columbus lawyers have seen, a long-term disability claim may be founded in both mental and physical conditions. The main thing to remember is that the condition must result in a person being unable to work a full-time job. This is generally defined as working any job for more than 30 hours per week but all plans have their own definitions.
Potential Benefits
A successful LTD claim will pay out at a rate of 60 percent of a person’s monthly salary earned during the time they were employed. However, this rate will be reduced by any workers’ compensation, or social security benefits currently received by the employee. If an employee previously made $2,000 a month, their LTD payment would be $1,200 per month. Payment on these plans will only begin after a person has been judged to be disabled for 180 calendar days.
Why Claims Are Denied by Insurance Companies
Insurance companies make a profit by denying claims. Using the laws created under the Federal program known as ERISA, insurers have creative ways of refusing to pay benefits. Some policies carry a very limited definition of disabled that can be difficult to prove from a medical perspective. Other companies employ field agents to observe the applicant to see if their conditions are as serious as they claim.
All insurance companies will look to see if the condition was preexisting before the coverage began. Unlike health insurance, pre-existing conditions are a perfectly valid means for LTD companies to deny coverage. In short, there are many ways for insurance companies to deny coverage. Even worse, the first stage of an appeal must be filed through the insurance company itself. Only after this appeal is denied may an applicant file an appeal in U.S. court.
Talk to a Columbus LTD Attorney
Columbus long-term disability attorneys work with people whose claims have been denied, or who are thinking of applying for the first time. Attorneys understand that the process is complicated and time-consuming, but strive to provide people with the possibility of being approved at the earliest possible time. This is accomplished through the filing of a thorough and persuasive application. A Columbus long-term disability lawyer can be by your side throughout trial.
