Long Term Disability Lawyers
Don't let insurers have the last say.
Insurance companies have teams of lawyers working to minimize what they pay out. Our LTD attorneys know how to challenge their decisions and fight for the benefits you are owed.
Did your insurance company deny or terminate your LTD benefits? Are you struggling to understand your policy? Jeffrey Freedman Attorneys can help reclaim your benefits.
Many employees have LTD coverage through their employer without realizing it. Private policies are also an option, but coverage must be secured before a disability occurs.
How LTD Insurance Works
Like any insurance policy, you must file a claim and provide proof that you are entitled to coverage. To qualify, you generally need to demonstrate that a physical or mental condition prevents you from performing the essential duties of your job. Common requirements include:
- A formal diagnosis from a treating physician
- Medical records documenting your condition, including severity and duration
- Proof that your condition meets your policy’s definition of disability
- Completion of your policy’s elimination period, typically 90 to 180 days, before benefits begin
- Ongoing medical treatment and documentation to maintain your claim
Hiring a Long Term Disability Attorney
Unfortunately, employers and insurance providers will fight hard to protect their own interests over yours. Even with a credible diagnosis and a complete, accurate application, LTD claims are sometimes denied. If you were denied, Jeffrey Freedman Attorneys has your back; we’ve worked on thousands of cases just like yours.
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Common Questions
Understand your rights and options before making a decision.
What does disability income insurance cover?
LTD insurance covers a portion of your lost income when an illness or injury prevents you from working for an extended period. Most policies replace between 50 and 70 percent of your pre-disability earnings. Some policies define disability as the inability to perform your own occupation, while others apply a stricter standard requiring that you be unable to perform any occupation.
What’s the difference between LTD, SSDI, and workers’ compensation?
LTD is an insurance policy purchased privately or provided by your employer that will replace lost wages if you’re unable to perform your job for an extended period of time. SSDI is a federal program that pays eligible individuals who are unable to perform any type of full-time work for 12 months or more. Workers’ compensation is a state program that provides medical coverage and/or payment when an individual is injured at work.
Can I receive LTD and workers’ compensation or SSDI at the same time?
It depends on your policy. Most LTD policies allow you to receive SSDI at the same time, but will reduce payments by the amount of SSDI you receive. Workers’ compensation is more complicated; some LTD policies offset payments by your workers’ compensation amount, while others exclude work-related injuries from coverage altogether. An experienced LTD attorney can review your policy and help you maximize the benefits you are entitled to.
My LTD claim was denied. What do I do?
First, review the denial letter carefully to understand the insurer’s stated reason for denial. Most LTD policies require you to file an administrative appeal before pursuing legal action, and deadlines are strict. The appeal is your opportunity to submit additional medical evidence and challenge the insurer’s decision. It’s strongly advised to hire an attorney to review your policy, identify the strongest grounds for appeal, and help collect and present evidence.
What is ERISA and how does it affect my LTD claim?
The Employee Retirement Income Security Act (ERISA) is a federal law governing most employer-sponsored LTD benefit plans. If your LTD coverage was obtained through your employer, your claim is almost certainly subject to ERISA rules. You will: need to complete an internal appeal before you can file a lawsuit; have only 180 days to appeal a denial; and be limited monetarily in damages if you win in court. ERISA also preempts state consumer protection laws, making it harder to hold insurers accountable for wrongful denials.
When will I get my LTD benefits?
It depends on how far the process goes. An ERISA administrative appeal must be filed within 180 days, and the insurer has up to 90 days to decide. If litigation becomes necessary, the process can extend well beyond that. The administrative appeal is your most critical opportunity to build your case, which is why working with an experienced LTD attorney from the beginning makes a significant difference.
How long do long term disability benefits last?
Benefits last as long as your policy allows. Some policies pay benefits for a set period, such as two, five, or ten years, while others continue until you reach retirement age. Many policies also change their definition of disability after 24 months, applying a stricter standard that can affect your continued eligibility.
How much does long term disability pay?
Most policies replace between 50% and 80% of your pre-disability income. The exact amount you receive depends on your specific policy terms and whether your benefits are offset by other income sources such as SSDI or workers’ compensation. If you obtained LTD coverage through your employer and paid with pre-tax dollars, your benefits will also be subject to federal income tax.
