Providence Long-Term Disability Attorneys Who Stand Up For Your Rights
Do you have a long term disability policy? If so, you may be entitled to receive long-term disability (LTD) benefits if you got hurt
If you sustain a serious injury in Rhode Island, you might expect you will receive long-term disability benefits. The reality is that obtaining those benefits can often be much harder than many people expect.
That’s why it’s important to talk with an experienced attorney who understands how Rhode Island’s disability insurance system works. That’s why our Providence long-term disability lawyers at the Law Office of Mark B. Morse, LLC want to meet with you to discuss your potential case.
What is the difference between long-term disability and ERISA?
ERISA stands for the Employee Retirement Income Security Act. This federal law covers the rules and regulations involving private pension plans, health insurance benefit plans, as well as most short-term and long-term disability (LTD) insurance plans provided by employers. In addition, ERISA outlines the procedures that disability applicants must follow when applying or appealing for benefits.
Not all long-term disability policies are covered by ERISA. Employer-sponsored LTD policies fall under the jurisdiction of ERISA. Some people may have individual LTD insurance policies, which are not governed by ERISA. Instead, state laws may apply to individual LTD insurance policies. There are also other exceptions that will determine whether ERISA governs the policy or whether it will be governed by state law
What is difference between group LTD and individual LTD plans?
Some employers provide long-term disability coverage. This is known as group LTD coverage. These policies are covered by ERISA, often less expensive and provide basic coverage in the event of an injury or illness.
As the name suggests, individual long-term disability plans can be obtained by individuals. Many of these plans are not covered by ERISA, but rather state laws. Determination of whether a plan is governed by ERISA or not is an important consideration of your entitlement to these benefits and the steps that must be taken to secure your entitlement to the same.
What should I do if my long-term disability claim is denied?
If your application for long-term disability benefits in Rhode Island has been denied, we recommend taking the following steps:
- Do not discuss your case with your friends or co-workers.
- Do not post anything about your work-related injury or illness on social media.
- Contact our law firm as soon as possible.
Our law firm can carefully review the details of your case and explain all the legal options available to you.
How can I appeal my denied long-term disability claim?
If your group long-term disability ERISA claim has been denied by your employer’s long-term disability insurance provider, you can appeal your claim internally. Afterwards, you can file a lawsuit in federal court to obtain the benefits you deserve. These cases are decided by a federal court judge. Your appeal rights may differ if you have a non-ERISA governed LTD plan.
Discover what a long-term disability attorney can do for you. Contact us today.
Navigating your way through the legal system can be challenging when it comes to long-term disability claims in Rhode Island. That’s why it’s critical that you discuss your case with an attorney who thoroughly understands Rhode Island’s long-term disability claims process.
Attorney Mark B. Morse is highly skilled in this area of law and handles all stages of employee benefit/ERISA litigation at the state and appellate level. He can review the legal obstacles that you face, and create a strategy that suits your unique legal needs. Contact our Providence law firm to learn more about your legal rights. We’re here to help you every step of the way.