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

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

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 Georgia

Living with a long-term disability in Georgia can be overwhelming, especially when the bills keep piling up even as you’re too hurt to work. The good news is that you could be entitled to long-term disability (LTD) benefits that provide the support you need to move forward. The laws and regulations surrounding LTD benefits in Georgia can be confusing, but a knowledgeable attorney can guide you through them.

How Does Georgia Define Long-Term Disability?

Georgia does not offer a standalone legal definition for “long-term disability” outside the areas of workers’ compensation and Social Security law. Generally speaking, a long-term disability is a condition that impairs your ability to work for an extended period. However, the precise definitions and qualifying criteria often depend on the specifics of your individual insurance policy.

Long-term disability insurance policies are often lengthy and difficult to understand without legal training. A knowledgeable lawyer can make sense of your policy’s specific terms and help you through the legal procedures necessary to claim the benefits you are entitled to.

Do I Need to Wait Before I Can Get My LTD Benefits?

In Georgia, as is the case with most long-term disability insurance policies, you’ll typically encounter a waiting or “elimination” period before you can claim your benefits. This period usually spans 90 to 180 days, starting from the day you’re considered disabled and unable to continue working.

It’s critical to begin the claims process promptly after becoming disabled to prevent delays in receiving your benefits. Figuring out your policy’s specific terms and conditions can be challenging without professional legal advice, such as that provided by the lawyers at Capitan Law.

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

In Georgia, your long-term disability benefit payout is tied to the specifications outlined in your insurance policy. Generally, these policies offer to cover roughly 50 to 70 percent of what you were earning prior to your disability. But several related variables, including your pre-disability earnings, the terms of your policy, and the severity of your disability, could impact the final payout. Additionally, you should consider that any benefits from Social Security Disability Income or workers’ compensation could reduce your LTD insurance benefits.

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

In Georgia, the deadline for filing a long-term disability claim generally depends on the terms of your insurance policy. Many policies stipulate a specific time frame, such as 20 to 30 days from when the disability begins, during which you must submit your claim. It’s wise to review your policy immediately after becoming disabled to ensure you understand the claim filing requirements. In the absence of a clear timeline in the policy, it’s good to file your claim promptly to avoid potential setbacks.

Contact our Georgia 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 Georgia, call us at (267) 419-7888 for assistance with filing for benefits.