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

While Capitan Law is not licensed to practice in Colorado courts, our long-term disability lawyers assist disabled Colorado 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 Colorado 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 Colorado 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 Colorado

Are you living with a long-term disability in Colorado and wondering whether you could be entitled to benefits? It’s normal to feel overwhelmed at times like these, but learning more about your rights to long-term disability (LTD) benefits is an excellent place to start. As a Coloradan, specific state regulations and laws could affect your entitlements.

How Does Colorado Define Long-Term Disability?

In the state of Colorado, the term “long-term disability” doesn’t have a specific legal definition outside the realms of workers’ compensation or Social Security claims. Usually, when we talk about long-term disability, we refer to an ongoing illness or injury that impairs your ability to work for an extended period.

The specifics of this definition can vary widely based on the terms and conditions of individual insurance policies. Because these policies are legal documents, they can be complex and difficult to understand without professional experience. Working with a knowledgeable lawyer, like one from Capitan Law, is the best way to decipher the intricacies of your policy and manage the claim process confidently.

Is There a Waiting Period for Long-Term Disability Benefits in Colorado?

In Colorado, as is typical with most long-term disability insurance policies, there is usually a waiting or “elimination period before you can start receiving benefits. This period usually lasts from 90 to 180 days, although the exact duration will depend on the specifics of your policy.

It’s important to know that the waiting period begins on the day you become disabled and unable to work. You’ll need to report your disability promptly and start the claims process as soon as possible to avoid delays in receiving your benefits. For a clear understanding of your policy’s terms and the potential timeline for your claim, consult a legal professional like those at Capitan Law.

How Much Can I Get in Long-Term Disability Benefits in Colorado?

The amount you can get in long-term disability benefits in Colorado is largely contingent on the details of your specific insurance policy. Typically, these policies offer around half to 70 percent of the average earnings you made prior to becoming disabled.

Your salary at the time you became disabled, the specifics of your policy, and the degree and type of your disability can all affect your final benefit amount. Bear in mind, though, any income you collect from sources such as Social Security Disability or workers’ compensation could serve as an offset, which reduces the net amount you can obtain from your insurance provider.

How Much Time Do I Have to File a Long-Term Disability Claim in Colorado?

In Colorado, the time frame for filing a long-term disability claim hinges largely on the terms outlined in your specific insurance policy. A common deadline imposed by insurance providers is 20 to 30 days from the onset of disability, but this can vary considerably. It’s important to review the terms of your policy promptly with a knowledgeable lawyer after becoming disabled to ensure that you understand and meet the relevant filing 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 Colorado, call us at (267) 419-7888 for assistance with filing for benefits.