If you need help with a Social Security or Disability case or have questions about your rights, Lewis & Daggett is here to help you. We will be happy to talk with you and schedule a Free Initial Consultation. You will only pay an attorney’s fee to Lewis & Daggett if you receive benefits and the Social Security Administration approves the fee.

Contact us today to discuss your case or complete our Free Case Evaluation form and we will evaluate your case free of charge. Also – check out our free guide to Social Security and Disability by clicking the link below.

Guide to Social Security and Disability

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What is long term disability?

Long term disability or LTD refers to two types of disability policies. The most common is long term disability benefits that are offered by employers as part of their employee benefit packages. Often combined with short term disability, these benefits are available to employees if they become disabled through an injury or sickness while they are covered by their respective benefit plan. Most often, long term disability claims are processed by an insurance company that actually provides insurance coverage for the employees under the benefit plan. Employer sponsored long term disability plans and the claims procedures that employers must follow are governed by the Employee Retirement Income Security Act or ERISA.

In addition to long term disability benefits provided through an employee benefit package, long term disability coverage can also be obtained through an individual policy purchased from an insurance company. These policies provide disability benefits to individuals that meet the policy’s definition of a disabling condition while they are covered under the policy. Since these policies are purchased privately from an insurance company, they are not governed by the ERISA statute.

How do I file a claim for long term disability benefits?

Most employer sponsored plans have specific procedures that must be followed in order to file a claim for long term disability benefits. Once a claim is filed, then the claims administrator, which is usually an insurance company, has a certain amount of time to investigate and make a decision on the claim. If the claim is denied, then an individual usually has the right to challenge the decision through an administrative appeal. An individual’s rights and the procedures that must be followed for the appeal are specified in the ERISA statute and the benefit plan. If an individual’s claim is ultimately denied through the available administrative appeals, then the only recourse is to file a lawsuit under the ERISA statute.

Do I need an attorney to help me with my long term disability claim?

Most individuals are able to file a claim for long term disability benefits without the help or assistance of an attorney. Frequently, personnel from the employer’s human resources or benefits department can help an employee get the process started by filing a claim. However, if the claim is denied, then an individual should seek the advice and counsel of an attorney experienced in long term disability cases. This is because the administrative appeal process is fraught with traps and pitfalls. The single most important pitfall is the failure to develop the administrative record during the appeal process. If this happens, then a case can be irreparably harmed for future litigation. This is because the administrative record is generally the only evidence a reviewing court will consider and the record is closed at the end of the administrative appeal process. Consequently, a claim has to be prepared for litigation during the administrative appeal process.

Can Lewis & Daggett help me with my long term disability case?

At Lewis & Daggett, our attorneys are experienced in handling ERISA and private long term disability cases. Ideally, with employer sponsored ERISA cases, we like to get involved as soon as the claims administrator denies the claim so that we can appeal the decision administratively. This allows us to develop the administrative record in the event a lawsuit has to be filed. If a claim is denied through the administrative appeal process, then we have the experience and knowledge needed to litigate the claim.