Long-term disability insurance is meant to pay you a percentage of your wages when you cannot work because you become sick or physically disabled. In these circumstances, this type of insurance often will compensate you for between 50 and 70 percent of your salary.
The amount is determined when you buy your insurance. As your salary rises, therefore, it is wise to increase your insurance coverage. The kind of insurance different companies may offer can vary significantly.
It is important when you are too sick or disabled to work to approach your employer as soon as possible. The employer is then required to submit a written notice to the insurer within a certain number of days of your disclosing your disability problem.
You will need to complete numerous forms describing such things as:
- An explanation of your disability
- The date when your sickness or injury began
- Documentation of your earnings
- The name and address of any hospital or hospitals where you received care
- The names and addresses of doctors’ who treated you
Long-Term Disability (LTD) Claims
The insurer may be reluctant to compensate you, giving a number of reasons why they should not pay. One common area of dispute is payment for mental illness. Back injuries may also be another subject of disagreement.
You should consult a lawyer if you feel your insurer is acting in bad faith by refusing to pay. The Miami trial lawyers at Baron & Herskowitz have an excellent record representing clients for long-term disability disputes with insurance companies.
Long-term insurance claims may be submitted for a multitude of physical and mental disorders. The following are among the most common:
- Problems with the skeleton, muscles, or connective tissue such as tendonitis, arthritis, rheumatism, back pain, herniated or degenerated disc
- Different cancers or malignant growths including breast cancer, leukemia, prostate cancer, Hodgkin’s disease, lymphoma
- Diseases of the heart and circulatory system, such as high blood pressure, stroke, aneurysm, coronary artery disease and heart attack
- Injuries like strains, fractures, and sprains; burns, poisoning and allergic reactions
- Mental disease including depression, bipolar disorder, schizophrenia, substance abuse, anxiety and obsessive-compulsive disorder
- Complications during pregnancy or delivery including Caesarian section, toxemia or ectopic pregnancy
- Diseases of the brain and nerves such as Alzheimer’s disease, Parkinson’s disease, Lou Gehrig’s disease (ALS), various forms of dementia and Guillain-Barre syndrome
- Disorders of the digestive system such as ulcers, irritable bowel syndrome, dental problems, TMJ (temporomandibular joint disorders or problems with the jaw), ulcerative colitis, Crohn’s disease, appendicitis and cirrhosis
- Disorders of the respiratory system including asthma, the flu, pneumonia, bronchitis, cystic fibrosis, COPD (chronic obstructive pulmonary disorder) and pulmonary fibrosis
Insurers Acting in Bad Faith
If your insurer fails to comply with the terms of your contract and refuses payment for any long-term disability problem which you believe is legitimate, contact one of our lawyers immediately. A long-term disability lawyer will deal with your insurance company and will get you the money you are entitled to.
Some of the reasons insurers give, which you might dispute, for not paying what you are entitled to include:
- Telling you your condition was preexisting
- Substituting their own evidence about your case from an independent medical examiner
- Requiring you to take a job in another field
- Making only partial payments for disability claims
- Delaying payment for an unreasonable length of time
- Concealing your benefits
- Terminating your policy
The regulations of most long-term disability insurance plans are governed by a federal law passed in 1974 called ERISA (Employment Retirement Income Security Act). Baron & Herskowitz lawyers are highly familiar in ERISA law as well as Florida law. Florida law uses the federal Americans with Disabilities Act as state law to protect Florida residents with disabilities.
Talk to a Miami Insurance Coverage Dispute Lawyer
If you believe you have been unfairly denied benefits to which you are entitled under federal and Florida state law, be sure contact the experts at Baron & Herskowitz. They have a long record of successfully helping their clients get the long-term benefits they deserve. To schedule a consultation call 1-305-670-0101.