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Long-term disability insurance is supposed to replace a portion of your income when illness or injury keeps you from working. In practice, claims are denied, delayed, and terminated every day — often for technical reasons that have nothing to do with whether you’re actually disabled. Our Chicago disability attorneys help clients across Illinois secure the benefits they’ve already paid for.
If you become disabled and are unable to work for an extended period, your long-term disability (LTD) insurance should replace a portion of your lost income and protect the standard of living you worked so hard to build. But in practice, that’s not always how it works.
Filing a long-term disability claim is often a complex and confusing process. Minor mistakes during filing can lead to an unfair denial of long-term disability benefits with only a limited time to appeal. And even if you did nothing wrong, the insurance company may unfairly deny your disability claim and leave you in the lurch.
If you need help applying for long-term disability benefits, appealing a denied claim, or negotiating a settlement or buyout of your existing benefits, contact the Chicago disability attorneys at Bryant Legal Group today. We have decades of experience helping workers and professionals across Illinois get the benefits they deserve.
Our Illinois long-term disability attorneys can assist their clients with every aspect of their claims:
Please note that long-term disability insurance is not the same as Social Security Disability Insurance. Bryant Legal Group does not handle standalone Social Security Disability claims.
Your insurance documents will define what “disabled” means under the plan. There are two broad definitions:
Policyholders often run into issues when they disagree with the insurance company about whether their illness or injury qualifies them as disabled under the policy definition. Claimants often need to provide a substantial amount of medical records, vocational evidence, functional test results, letters of support, and other documentation to prove their claim.
It’s also not unusual for long-term disability policies to start out using an own-occupation definition of disability, then change to any occupation coverage after a set number of months or years (often two years). This can result in a sudden loss of coverage even if you are still unable to return to your original job.
Long-term disability policies often include limitations and exclusions regarding covered conditions. For example:
Related Article: Going from Short-term Disability to Long-Term Disability
Filing claims and appeals is often complex and confusing, with each insurance company and plan having its own set of rules. It’s easy to make mistakes if you don’t have an experienced long-term disability attorney helping you.
Furthermore, group policies governed by ERISA require policyholders to go through the insurance company’s administrative appeals process before filing a lawsuit in federal court. At that point, the court can only consider evidence that was previously submitted as part of the administrative appeal. This means it’s critically important for claimants to put together an expansive, comprehensive claim file, often just a few months before a tight deadline.
Bryant Legal Group has a long-established and ongoing record of going up against big insurance companies and helping clients receive the benefits they deserve. Our victories include:
Related Article: How Much is My Long-Term Disability Claim Worth?
If you’re planning to file a disability claim under a long-term disability insurance policy, we strongly encourage you to retain legal counsel with an experienced Chicago disability attorney.
When we are retained to represent individuals at the early filing stage, we work with them to provide the best possible evidence in support of their claim. We can also recommend ways to avoid delays and problems in the claims process.
Our Chicago disability attorneys usually recommend requesting a copy of your current long-term disability insurance policy to start. This document will contain requirements and procedures such as how quickly you must submit your claim, what type of proof of loss the insurance company requires, and how disability is defined.
Most insurance companies that administer long-term disability claims require you to complete an initial set of forms. These forms usually include:
If you become sick or injured, the insurance company may make it difficult for you to collect the benefits you are due. Rather than help you navigate your claims, the adjuster may give you misleading information or delay payment.
The filing process can be fraught with pitfalls. Our Chicago disability attorneys understand insurance companies’ tactics and can help you overcome these obstacles.
It is important to ensure that every piece of evidence is submitted during the claims filing process. If the insurance company denies coverage and the dispute ends up in court, you are generally precluded from adding any new information to your file.
The insurance adjuster will likely deny your long-term disability claim if you provide incomplete records and evidence. Insurers have no incentive to award disability benefits in “close” cases where it is likely that the claimant has a disability but the record is not sufficient to objectively support such qualification. They will deny reasonable claims without adequate documentary evidence.
Our Chicago disability attorneys know how to build a claims file that will give you the best chance of getting the long-term disability benefits you deserve. We draw upon decades of industry knowledge to collect and assemble the most persuasive evidence for your case, including MRIs, CT scans, and other medical tests and vocational evaluations.
While you might manage the process on your own, you run the risk of making a mistake that could cost you your benefits. If you’ve already filed a claim on your own and had it denied, time is running out on your chance to appeal, and you will likely only have one opportunity to add the evidence you need to support your case.
When you work with a Chicago long-term disability lawyer at Bryant Legal Group, we will make sure that everything is done right so you can maximize your chances of success.
Visit our Long-Term Disability Hub for more information on appealing to common insurance companies.
The attorneys at Bryant Legal Group have decades of collective experience helping clients get the disability benefits they need to help make up for a loss in income. Our lawyers concentrate their practices exclusively on representing policyholders—we never represent the insurance companies. This focus and commitment ensure that we will do everything in our power to achieve an optimal outcome for you.
Contact one of our Chicago disability attorneys today by calling (312) 561-3010 or completing our online form. We can discuss your case and help you take the right steps for your situation.
The content provided here is for informational purposes only and should not be construed as legal advice on any subject.
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Short-term disability insurance typically covers a portion of your income for a limited period (usually 3-6 months), while long-term disability insurance provides coverage for extended periods, potentially until retirement age.
You should consult with a disability lawyer as soon as you receive a denial or termination of benefits, or if you’re having difficulty with your insurance company during the claims process.
ERISA (Employee Retirement Income Security Act) governs most employer-sponsored disability insurance plans. ERISA claims follow specific federal procedures and timelines that differ significantly from individual disability insurance policies.
Many disability insurance policies include provisions for partial or residual disability benefits if you can work in a limited capacity but cannot perform all the duties of your occupation.
Sometimes, yes. LTD insurance companies may demand repayment if they believe you received an “overpayment” under the terms of your policy. This commonly happens when you begin receiving other benefits—such as Social Security Disability Insurance (SSDI), workers’ compensation, or certain personal injury settlements—that trigger an offset provision in your LTD policy. Overpayments can also occur if you return to work and continue receiving full LTD benefits without promptly notifying the insurer.
However, insurers can make mistakes when calculating offsets or repayment amounts. Before agreeing to repay anything, you should carefully review the demand and consult with an experienced disability insurance attorney.
If you received a repayment demand or have questions about your LTD policy, Bryant Legal Group can help you understand your rights and options.
Related Article: Do I Have to Pay Back Long-Term Disability Benefits?
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