Long Term Disability

Obtaining Longterm Disability Benefits

━ Dalton ERISA LTD Attorneys Fighting for You

At McMahan Law Firm, LLC, we help North Georgia residents and residents all across the United States achieve the maximum possible return for long term disability (“LTD”) benefits. Even when facing the Employee Retirement Income Security Act (ERISA), we use our years of experience to help you secure a favorable outcome for your long term disability case. Our Martindale-Hubbell® AV® Rated attorneys have earned a reputation for success. Let us be your advocates, fighting for your rights as we navigate the complex environment of applying for and obtaining long term disability benefits and workers compensation.

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━ When Your Disability Claim is Denied

If you have been wrongfully denied benefits under your disability, life, or health insurance policy, McMahan Law Firm, LLC, can help. We are not afraid of a fight, and we are highly skilled in the courtroom. Our firm successfully litigated the wrongful denial of claims against some of the largest insurance companies in the country. We litigate LTD claims on a nationwide basis. Our outstanding track record speaks for itself. Additionally, few law firms are equipped to handle ERISA claims.

Frequently Asked Questions

How Can a Lawyer Help Me?:

At McMahan Law Firm, LLC, our legal team handles two types of long term disability (LTD) cases:

  • LTD cases governed by ERISA—The disability insurance policy was bought through your employer.
  • Non-ERISA LTD cases—The disability insurance policy was bought by you as a personal policy.

We can also help you pursue life insurance or health insurance benefits. When it comes to dealing with large insurance companies, we are here to level the playing field and provide you with a better chance of achieving a positive outcome.

━ Engaged in Presenting Your Case

Often, insurance companies take full advantage of the unfair ERISA laws and mistreat claimants by denying benefits. With the guidance of our Dalton LTD attorneys at McMahan Law Firm, LLC, you can have a better chance of challenging your claim’s denial.

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FAQs

1

What is long-term disability insurance?

Long-term disability (LTD) insurance is a type of coverage that provides income replacement if you are unable to work for an extended period due to a serious illness or injury. LTD benefits typically start after short-term disability benefits are exhausted and can continue for several years or until you reach retirement age, depending on the policy.
2

What conditions qualify for long-term disability benefits?

A wide range of conditions can qualify for long-term disability benefits, including chronic illnesses (such as cancer, heart disease, or multiple sclerosis), severe injuries (like those from a car accident), mental health disorders (such as depression or anxiety), and other medical conditions that prevent you from working. The specifics will depend on your insurance policy and the severity of your condition.
3

How do I file a long-term disability claim?

To file a long-term disability claim, you will need to complete a claim form provided by your insurance company, which typically includes detailed information about your condition, treatment, and how it affects your ability to work. You will also need to submit medical records, a statement from your doctor, and possibly other documentation. It’s advisable to consult with an attorney to ensure your claim is properly prepared and supported.
4

What if my long-term disability claim is denied?

If your long-term disability claim is denied, you have the right to appeal the decision. The appeal process typically involves submitting additional evidence and possibly attending hearing. It’s important to act quickly, as there are strict deadlines for filing an appeal. An attorney experienced in long-term disability cases can help guide you through this process and improve your chances of success.
5

How long do I have to wait before receiving long-term disability benefits?

The waiting period, also known as the elimination period, before receiving long-term disability benefits usually ranges from 90 to 180 days. This period begins from the date of your disability. During this time, you may need to rely on short-term disability benefits, savings, or other resources. Once the waiting period is over and your claim is approved, benefits should begin.
6

Can I receive long-term disability benefits if I can work part-time?

Depending on your policy, you may be eligible for partial long-term disability benefits if you are able to work part-time but cannot perform your full-time job due to your disability. These benefits typically supplement your reduced income, but the exact terms vary by policy. An attorney can help you understand your rights under your specific plan.
7

What are the most common reasons for long-term disability claim denials?

Common reasons for long-term disability claim denials include insufficient medical evidence, failure to meet policy definitions of disability, missed deadlines, and discrepancies between the claimant's statements and medical records. Insurance companies may also argue that the claimant can still perform their job or another type of work. An attorney can help address these issues and strengthen your claim.
8

How long do long-term disability benefits last?

The duration of long-term disability benefits depends on your specific policy. Some policies provide benefits for a fixed period, such as 2, 5, or 10 years, while others may continue until you reach retirement age or are able to return to work. It’s important to review your policy’s terms to understand how long your benefits will last.
9

Can I receive Social Security Disability Insurance (SSDI) and long-term disability benefits at the same time?

Yes, you can receive both Social Security Disability Insurance (SSDI) and long-term disability benefits simultaneously. However, your long-term disability benefits may be reduced by the amount you receive from SSDI, depending on the terms of your policy. An attorney can help coordinate these benefits and ensure you receive the maximum compensation possible.
10

Do I need an attorney to file a long-term disability claim?

While you are not required to have an attorney to file a long-term disability claim, having legal representation can significantly increase your chances of a successful outcome. An attorney can help you navigate the complex claims process, gather necessary evidence, and handle any disputes with the insurance company, ensuring you receive the benefits you deserve.