While the Social Security Disability program can be a lifeline for some long term disability insurance (LTD) can provide an even greater benefit. Because LTD is administered by insurance companies, a long term disability attorney can help you apply for LTD benefits or appeal a denial. Don’t let the insurance companies take advantage of you.
There are essentially two types of long term disability insurance:
- ERISA long-term disability insurance through your employer
- Private long-term disability insurance you purchased directly from an insurance company (this is also called individual long-term disability insurance).
These insurances are separate and distinct from Social Security Disability. In some cases, you can collect both LTD benefits and Social Security Disability benefits.
Award Winning LTD Attorney
At ARM Lawyers, our LTD lawyer is dedicated to helping get the disability benefits they deserve. With more than 100 years of combined experience, we do more than just help our clients understand the law. We will provide you with the confidence you need to find solutions, get back on your feet and start planning for a better financial future. Attorney Patrick J. Best has been named a Super Lawyer Rising Star for his work with the disabled.
We know the system. We can help.
How does long term disability insurance work?
Every long term disability insurance policy is different. To know for sure how your policy works, you should talk to a long term disability attorney. Generally, long term disability insurance replaces some or all of your wages if you are unable to work due to a disability. In most cases, you must be out of work for at least 13 weeks to qualify. If you’re out of work for less than 13 weeks, you may qualify for short term disability insurance if it’s available to you.
Who pays for long term disability insurance?
It depends. Sometimes, the insurance is offered through your employer. In that case, you would like have ERISA long-term disability insurance. On the other hand, if you pay for the insurance personally, you would have private long-term disability insurance. ERISA stands for Employee Retirement Income Security Act. This is a federal law which governs employer provided insurances. ERISA policies have very specific rules. Thus, the two types of policies are very different.
Are long term disability benefits taxable?
If you pay for your policy with after tax dollars, the LTD benefits are received tax-free. On the other hand, if your employer pays for the insurance, the LTD benefits are taxed to the recipient as ordinary income. This is one of the major differences between ERISA plans and non-ERISA plans (private plans).
Do I need a long term disability attorney to apply for LTD benefits?
The LTD process is complex. The insurance companies want you to fail. If you prove you are disabled, the insurance company loses money. The applications are intentionally tricky. If you answer questions inconsistently or incorrectly, you could be denied benefits. With that in mind, why wouldn’t you use an LTD attorney to help you apply?
Do I need a long term disability lawyer to appeal my LTD denial?
If you have a private LTD policy, you may not have the ability to appeal the denial. You may be required to file a lawsuit. Filing a lawsuit against an insurance company without a lawyer is a bad idea. The insurance company will have a lawyer. Why wouldn’t you want one?
If you have an ERISA policy, the appeal process has strict rules and strict timelines. If you don’t provide the right information, your appeal can be denied. Worse yet, if you lose your appeal, an attorney may not be able to help you. You cannot add any evidence to the claim after your exhaust your appeals. If you file a lawsuit in Federal District Court, you cannot add new evidence. That puts your attorney at a major disadvantage. If your attorney handled the appeal for you, this wouldn’t be an issue.
When your income is on the line, you need a long term disability lawyer who knows the system.
Contact ARM Lawyers today
At ARM Lawyers, we handle Social Security Disability cases in Pennsylvania, Maryland, New Jersey, and New York and have offices in each of these states.
Our attorneys strive to make this process as easy as possible. We can skillfully guide you through everything, step by step. Call for a free consultation today. The best part is that we can start the whole process over the phone or by video conference so you don’t even need to come into the office!
