Long-Term Disability Attorney in Charlotte, NC
When an individual can no longer engage in gainful employment because of a disability, securing long-term disability benefits becomes vital to their health and well-being.
Long-term disability benefits (LTD) can come from insurance policies individuals procure personally or that are provided by their employer. Eligibility for LTD hinges on many factors, such as age, training, and the severity and scope of the injury or illness.
If you’ve recently become disabled and unable to work due to an injury or illness, contact Disability Attorney Services today. Our Social Security and long-term disability attorneys in Charlotte, NC are here to help you obtain the benefits you deserve.
What Are Long-Term Disability Benefits?
Long-term disability benefits are a form of income replacement insurance. They are designed to provide income to both you and your family when and if your capacity to work is compromised.
Individuals who are temporarily disabled for an undefined period may qualify for short-term disability benefits.
ERISA Long-Term Disability Benefits
Long-term disability insurance serves as a safeguard for your income. It replaces wages when you’re unable to work, providing financial support for you and your family. There are many different types of disability insurance policies and contractual terms accompanying them. When obtained through your work, as most LTD benefits are, your policy is likely protected by ERISA regulations.
ERISA, short for the Employee Retirement Income Security Act of 1974, establishes base standards for group benefits such as retirement, health, and disability. It also guarantees participants have access to important plan information, such as funding and plan features. ERISA mainly applies to private long-term disability coverage obtained through employer-based plans.
Impact on Long-Term Disability Claims
Because ERISA covers employer-funded LTD plans, it dictates guidelines for claim processing, timelines, and appeals. If you need to file an appeal after being denied LTD, ERISA enables you to do so.
Navigating the intricacies of ERISA law demands the insight of a seasoned long-term disability attorney. To secure the benefits that are rightfully yours, contact Disability Attorney Services today.
Plans Not Covered by ERISA
Individually bought private disability policies lie outside ERISA’s scope. Likewise, ERISA doesn’t apply to benefit plans from public or religious employers.
Private Disability Insurance for Individuals
You can secure individual disability insurance (IDI) with a policy tailored exclusively to you. Unlike ERISA regulated policies, the governance of IDI falls under state contract laws.
If you have an IDI in North Carolina, get in touch with our long-term disability attorneys in Charlotte. Disability Attorney Services is at your disposal when you need help navigating these complex policies or filing a claim.
How Does LTD Work?
Long-term disability functions similarly to short-term disability. Employees must show medical evidence of a qualifying extended illness or injury before they’re able to receive benefits. Once a claimant receives LTD, their benefits persist until they’re medically cleared for work or policy limits are reached.
Qualifications for receiving long-term disability are quite strict. Unlike short-term disability, where inability to perform a job is sufficient, long-term disability often demands proof of inability to perform any job. Policies also outline qualifying events that are essential to claim acceptance.
How Are Long-Term Disability Benefits Paid?
Typically, long-term disability benefits equal a portion of your previous wage earnings. If you hold LTD coverage, these benefits can often be claimed alongside Workers’ Compensation or Social Security Disability benefits. However, in some cases benefits may decrease or end if alternative income replacement, like SSDI, becomes available.
When Do LTD Benefits Start?
Once your LTD claim is approved, disability benefits will initiate after a mandatory waiting period, or elimination period. If both short-term and long-term disability plans are offered by one insurer, short-term benefits are paid out before long-term kicks in, regardless of the LTD waiting period. If short-term isn’t applicable, the standard long-term waiting period is 90-180 days.
How Long Do LTD Benefits Last?
Long-term disability policy durations vary. Benefits last for as long as the policy term or until the claimant can return to work. Typically, LTD benefits offer coverage for 36 months, but some plans can span a decade or the entire policyholder’s life.
Why Hire A Seasoned Disability Advocate in North Carolina
Unfortunately, disabled individuals are often denied benefits by insurance companies and private institutions when they file an LTD claim. This is because insurers typically find or design loopholes in policies to avoid paying. They may even terminate your policy altogether.
When such denials and terminations occur, your capacity to contest the decision is regulated by strict procedural rules and deadlines. At Disability Attorney Services, we have the education and experience necessary to effectively manage claim denials. We’re skilled at getting clients the benefits they deserve, and we never give up on a case.
We Handle LTD Claims & Appeals
At Disability Attorney Services, we are dedicated to facilitating equitable access to long-term disability benefits for injured workers. These cases often intersect with Social Security Disability (SSD) claims. Our attorneys are highly experienced in Social Security Disability Law and LTD cases.
We fight for your rights when you’re trying to file for LTD or appeal a denied claim. We gather and present essential evidence to insurance entities and judicial authorities to construct a compelling case. The medical data we collect serves a dual purpose: advocating for long-term disability benefits, as well as pursuing SSD benefits.
We make sure to gain insights into your medical condition and the specific nature of your impairment. Our unwavering dedication to your case increases your chances of receiving disability insurance in Charlotte, NC.
How Do LTD Benefits Relate to Social Security Disability Benefits?
In most circumstances, LTD policies require beneficiaries to file for Social Security Disability benefits if they ever start receiving LTD payments. This gives the insurance company an opportunity to pay you less. This is because any received SSD payments will be subtracted from your LTD benefits, meaning your LTD is lowered.
An insurance carrier might extend the offer of legal representation to help you obtain SSD benefits. However, this hints at a conflict of interest. While not inherently unethical, the insurer’s motivation to enroll you in Social Security Disability is to protect the company, not you.
Working with an impartial legal professional who places your welfare above a corporate agenda can help protect your best interests. At Disability Attorney Services, we stand prepared to champion your case, diligently pursuing the most favorable resolution for you. It’s our goal to ensure you don’t receive fewer monetary benefits than you deserve.
Contact Disability Attorney Services | LTD in Charlotte, North Carolina
If you’re trying to file a long-term disability claim, or struggling to file an appeal, we’re here to help. Our board-certified Social Security Disability attorneys have decades of experience fighting for clients and their rights to SSD benefits. We also have the experience and knowledge necessary to help you gain access to the LTD benefits you are owed.
If you are disabled and worried you might not get the financial assistance you’ve been counting on, call our lawyers. At Disability Attorney Services, we never give up on a client or their case.
Contact us now to schedule a free consultation with our Social Security Disability attorneys in North Carolina.