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Why is it important to have an attorney in LTD cases?

Long-term disability insurance provides a portion of your income as a beneficiary if you become ill or injured and cannot work. This extended period of nonworking usually is more than 90 days. To receive such benefits, you may file a timely proof of loss and disability claim that an insurance company can approve.

If your employer provides and pays for your plan, it is likely that ERISA governs it. The Employee Retirement Income Security Act of 1974 set out to establish minimum standards for employee benefits. ERISA does not cover claims if you purchased a private disability policy.

If your long-term disability insurance claim is denied, it may not mean your case is over. Filing a long-term disability claim can be a frustrating and time-consuming process. The thought of going up against an insurance company is intimidating but the good news is that you don’t have to go through it alone.

You may be able to increase your chances of success if you hire a LTD attorney. This help could relieve your stress while resolving your claim as soon as possible. Choosing to have an attorney is your decision but it is important to be aware of the risks of doing it on your own.

Risks of the DIY claim

  • An unrepresented worker may make the mistake of quitting their job. Most LTD policies provided by employers have a statement that says coverage will end when the employment does. An attorney would hopefully advise you to keep your job where it is at.
  • It is common for insurance companies to draw up paperwork to provoke answers that form a basis of denial. A disability attorney could help identify traps used by insurers.

Long-term disability insurers provide appeal instructions in their denial letter. Returning a completed appeal form without providing additional information or arguments is not enough for an appeal. 

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