Arizona Residents – Get Assistance from Expert Long-Term Disability Insurance Lawyers

While Capitan Law is not licensed to practice in Arizona courts, our long-term disability lawyers assist disabled Arizona citizens with ERISA-governed disability insurance claims. As discussed in more detail below, ERISA is federal law. If you have a claim that is governed by Arizona law, please contact a local attorney licensed to practice law in your state to assist you with that matter.

Facing a non-work-related injury or illness can threaten your financial stability. Let Capitan Law Law, your experienced long-term disability insurance lawyers, guide you through the application process of disability insurance via your employer’s ERISA-governed policy. Be aware that this process is complex, with insurance companies often attempting to minimize or deny benefits owed.

Our long-term disability attorneys will defend your rights, collate necessary evidence, and strive for the benefits you deserve. We offer free consultations, so call us at (267) 419-7888 today.

About ERISA and Long-Term Disability Insurance

The Employee Retirement Income Security Act of 1974 (ERISA) typically governs long-term disability insurance plans provided by employers. That means if your employer pays for part or all of your disability coverage, you must follow the rules and procedures set forth by ERISA. The benefits that are provided by your LTD insurance policy will replace a portion of your income for an extended period, which is generally determined by your plan and the nature of your disability. As mentioned above, these claims can get complex. An ERISA benefits claim attorney will provide knowledge and experience to guide you through the process.

Each policy varies slightly in its definition of disability, but in general, to be eligible for benefits, the injured individual must be unable to perform the duties of their own job. After some time, eligibility for benefits may change and may stipulate that the individual cannot complete any work at any job due to their disability.

Differences between LTD Insurance and Workers’ Compensation

The main difference between long-term disability and workers’ compensation is that LTD benefits provide a partial-wage replacement for someone who becomes injured while doing something unrelated to their work, while workers’ comp is for job-related injuries and illnesses. If you are injured at work, you may still be able to apply for disability insurance benefits depending on the specific language contained in your policy. However, if you are eligible for both types of benefits, LTD benefits are usually offset by any benefits received through the workers’ comp claim.

Both insurance policies can come from your employer; however, not all businesses in Arizona have a legal obligation to provide long-term disability to their employees. If your employer does not offer LTD insurance, you may have purchased your own individual disability plan and paid the monthly premium. It is also possible to have a policy you purchased yourself and one provided through your employment relationship. If you sustain an injury or get sick, you’ll be able to collect benefits based on your policy type. The attorneys at Capitan Law can help you understand the options available to you and are well-equipped to help you navigate these complex issues.

Disabilities Qualifying for LTD Benefits

LTD policies typically cover severe medical conditions that prevent you from maintaining your previous work schedule. These disabling conditions can include autoimmune diseases, back and spine injuries, mental health disorders, and many others.

Filing a Long-Term Disability Insurance Claim

Immediately file a claim when an injury or illness impedes your work. First, file a short-term disability claim; when these benefits end and your disability persists, your LTD benefits can commence. Start the process early to resolve any claim denials or delays promptly. We are happy to assist you in the long-term disability application process.

Common Reasons for Claim Denial

LTD claim filing is complicated, with any errors potentially leading to denials. Common reasons for denial include discrepancies in the definition of disability, missing medical records, procedural errors, inconsistent information, bad faith by insurance, and lack of understanding of rare medical conditions.

Appealing a Denied Claim

You can appeal a denied long-term disability claim. Under ERISA, you must file the appeal within 180 days from the denial notification date. At Capitan Law, we understand the appeals process and will help you through each necessary step.

Long-Term Disability Laws in Arizona

Life has a way of taking unexpected turns, and sometimes we face unforeseen challenges that alter the course of our lives. As an Arizona worker, you might have recently experienced a significant life change due to a long-term disability. During this time, it’s important to understand your rights and entitlements under the long-term disability laws in Arizona. Whether you’re seeking clarity on benefits eligibility or simply exploring what’s available, we’ve got you covered.

How Does Arizona Define a Long-Term Disability?

In Arizona, the definition of a long-term disability can vary depending on the specific insurance policy or program you have. However, this term generally refers to a physical or mental impairment that significantly limits your ability to perform essential job functions and is expected to last for an extended period. When determining long-term disability benefits, factors such as the severity of the impairment, the available medical evidence, and the impact on your ability to work are taken into account. It is essential to review your insurance policy and consult a legal professional to understand how long-term disability is defined in your circumstances.

What Is the Waiting Period for Long-Term Disability Benefits in Arizona?

The waiting period for long-term disability benefits in Arizona can vary depending on the insurance policy or program you have. Typically, there is a specific waiting period, known as an elimination period, before you become eligible to receive long-term disability benefits. This waiting period is the duration of time you must be disabled before your benefits become payable.

Common elimination periods range from 30 to 180 days, but it’s important to refer to your policy documents or consult with your benefits representative or lawyer to determine the exact waiting period that applies to your situation. Understanding this waiting period is essential because it allows you to manage your finances and plan for the interim period before your benefit payments begin.

How Much Can You Get in Long-Term Disability Benefits in Arizona?

The amount of long-term disability benefits you can get in Arizona is typically a percentage of your pre-disability earnings. The specific percentage can vary depending on the insurance policy or program you have. However, it is common for long-term disability benefits to replace around 50 to 70 percent of your pre-disability income.

It’s important to note that many long-term disability insurance policies specify a maximum benefit limit, which could impact the total amount you can claim. Review your policy documents or consult your attorney to understand the details of your long-term disability benefits, including the percentage you can claim and any applicable caps or limits on payment amounts.

How Long Do I Have to File a Long-Term Disability Claim in Arizona?

It depends, which is why it is wise to initiate the claims process as soon as possible after you become disabled. Delaying your claim could jeopardize your eligibility for benefits. Early action allows for a smoother process, including ample time to gather necessary medical documentation, complete paperwork, and meet filing requirements. If you have any concerns or questions about the timeframe for filing a long-term disability claim, consult a legal professional with experience in disability law to ensure you meet all applicable deadlines and requirements.

Contact our ERISA Benefits Claims Experts

At Capitan Law, we comprehend the urgency of receiving LTD benefits. We work tirelessly to protect your rights and ensure fair treatment during the claims process. If you’re unable to work in Arizona, call us at (267) 419-7888 for assistance with filing for benefits.