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

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

Have you been diagnosed with a long-term disability in Illinois? If so, this might be a challenging time for you. But it’s important to remember that as an Illinoisan, you could be entitled to long-term disability (LTD) benefits. But specific LTD laws in Illinois could affect your eligibility. Understanding these laws can be a key step in regaining peace of mind in this uncertain period.

How Does Illinois Define Long-Term Disability?

Illinois has no specific statutory definition for “long-term disability” outside of workers’ compensation or Social Security claims. The term generally refers to a health condition that impedes your ability to work for a significant period. However, the exact definitions and stipulations are often set out in individual insurance policies.

Disability insurance policies, which are effectively legal contracts, can be quite complex and challenging to interpret without experience. This is where professional legal advice can make all the difference. The lawyers at Capitan Law have the knowledge and skills to help you with the complexities of your policy and your claim for the benefits you’re entitled to.

How Long Must I Wait to Claim LTD Benefits in Illinois?

In Illinois, long-term disability insurance policies usually have a waiting or “elimination” period to complete before you can start receiving benefits. This period commonly lasts between 90 and 180 days from your disability’s onset.

This is why you’ll want to promptly report your disability and initiate the claims process as soon as possible to minimize delays in receiving your LTD benefits. For help interpreting your policy’s terms and navigating the claims process, don’t hesitate to contact the legal professionals at Capitan Law.

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

The long-term disability benefits available in Illinois largely depend on your insurance policy’s particulars. Most of these policies offer to pay between 50 and 70 percent of the wages you earned before becoming disabled.

The precise amount you can claim is influenced by factors such as your pre-disability income, the conditions stipulated in your policy, and the nature of your condition. Be aware that any income you receive from sources like Social Security Disability or workers’ compensation could reduce the final payout you receive from your LTD insurer.

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

In Illinois, the window for filing a long-term disability claim depends on the provisions of your insurance policy. Most policies require you to submit your claim within a specified period, often 30 days after the start of your disability. It is essential to examine your policy as soon as you become disabled to review any stipulations about filing a claim. If no specific timeline is in the policy, swift action is generally advisable to avoid any potential complications with your claim.

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