LTD Lawyers in Raleigh, N.C. Recovering Benefits For Workplace Disability Clients
When individuals become injured or suffer illnesses that prevent them from engaging in gainful employment, they may need to fall back on long-term disability insurance to help them financially. Some long-term disability benefits are often linked to workers’ compensation for Social Security disability cases.
If you need help understanding what your long-term disability policy covers or encountering problems with your worker comp insurance company not wanting to pay your claim, contact Brent Adams & Associates of Raleigh, N.C., and ask to schedule a free consultation to discuss your concerns.
Unfortunately, many policyholders who suddenly need the protection that an LTD policy grants may need help obtaining the benefits when they need them most. Our LTD lawyers are familiar with the deceitful tactics that insurers often attempt to avoid paying benefits. Our Raleigh personal injury lawyers will work hard to help you be rightfully paid the money owed to you.
Do I Have to File For Social Security Disability to Receive LTD Benefits?
In most instances, if you currently receive LTD benefits through an insurance plan purchased privately or provided through your employer, the insurer will most likely require you to apply for Social Security Disability Insurance (SSDI) benefits. If a disabled individual is approved, then the insurer is permitted to reduce the amount of the payment they make to the claimant dollar for dollar by the amount SSDI provides.
For example, suppose you are currently collecting $2,500 a month in LTD benefits but are then approved to receive $1,500 a month from Social Security Disability. In that case, you would collect $1,500 monthly from your SSDI benefits, and your insurer would only have to pay $1,000 a month in benefits. The reduced benefits your insurance company has to pay are called an offset.
Can Your Law Firm Help Me if I Have Been Denied LTD Benefits?
If you have applied for LTD benefits and your claim has been denied, you have the legal right to appeal the decision. The appeals process differs based on the type of coverage that you have. For example, if you have a privately purchased LTD policy, you will have to file an appeal to your insurer.
If you have an Employee Retirement Income Security Act (ERISA) policy, you are required to file an appeal through the Department of Labor. If you have an ERISA policy, you may first be required to use all your vacation and sick leave before being permitted to use your LTD benefits.
Lastly, if you have been denied benefits through workers’ compensation, you will have to file an appeal with the North Carolina Industrial Commission.
Because it can be confusing to know how to file an appeal, it is in your best interests to hire a knowledgeable attorney who can file the necessary paperwork on your behalf. Brent Adams & Associates has experienced attorneys who can assist with the complicated paperwork and allow you to focus on your well-being.
How Can an LTD Attorney Help Me Negotiate a Settlement With the Insurance Company?
Even if the insurance company approves your LTD benefits, they may try to limit the monthly amount you receive or attempt to stop them altogether. For this reason, it is essential that you have an experienced LTD lawyer who has experience in negotiating with the insurance company to safeguard your needed income.
You need a lawyer who is not afraid to stand up to the insurance company and fight for the benefits you have paid for over the years. If necessary, Brent Adams & Associates can file a lawsuit on your behalf so that you have the peace of mind that disability insurance is supposed to guarantee.
Do I Need the Help of An LTD Lawyer to Obtain LTD Benefits?
No law requires you to hire a lawyer to claim LTD benefits or file an appeal if your benefits have been denied. A qualified LTD lawyer can assist you with filling out and completing the paperwork to get your benefits started ASAP. We will act as your legal advocate and deal with the insurance companies should your claim be denied.
Contact the law offices of Brent Adams & Associates of Raleigh, N.C., by calling 919-726-3705 and asking to schedule a free consultation to discuss your case.