Long Term Disability Laws for the Seriously Injured

When it comes to long term disability laws, the rules can be both complex and confusing.  Additionally, if your doctor has diagnosed with a serious injury and not a potentially lifelong disability, then you may not be considered disabled under the law.  This can be problematic if you are in too much pain to hold a full time job, and your bills are piling up.

Long Term Disability Laws

First you will to decide which entity is sponsoring your disability insurance.  Discern whether your plan administrator is sponsored by your employer and covered under ERISA (Employee Retirement Income Security Act) or if you have disability benefits covered by the Social Security Administration.  Also you will need to determine what your entity’s definition of  “long term disability” may be.  You need to know how and where your serious injury falls into place.

ERISA Guidelines

You should become as familiar as possible with ERISA guidelines as well. 

• For example, according to disability law, you are supposed to be notified every time your plan administrator needs an extra 30 day extension in determining the validity of your disability claim.
• Additionally, disability law requires that the disability insurance provider cite the particular section of either ERISA or the disability law as to why your claim was denied. 

It is important to know that ERISA law has changed the way that insurance companies handle disability claims.  Additionally, should you decide to file a lawsuit in court regarding the claim denial and/or violation of the law, a trial by jury is a thing of the past regarding disability insurance cases.  Now, your trial is only heard by a judge on the federal court level.  This is why you should have an aggressive attorney on your team to better assist you in navigating through the laws governing disability and ERISA.

Social Security Rules

Federal long term disability benefits are governed by SSDI or Social Security Disability Insurance.  SSDI kicks in automatically if you have worked in a position for a certain amount of time and paid Social Security taxes.  If you are seriously injured, then more than likely, you will receive SSDI benefits which includes Supplemental Security Income benefits, which are paid to you based on your financial need. 

As with long term disability insurance, you will need to apply for both SSDI and SSI.  It is a good idea for you to apply for both, especially if your serious injury prevents you from maintaining a full time job.  As with long term disability insurance, you will need to provide substantial documentation that your injury is debilitating enough to cause you not to return to work.

Getting Help

For additional information on long term disability laws contact a disability litigation lawyer. Your attorney can provide you with detailed information about the types of long term disability benefits you may be entitled to. He can also help you through the process of applying for long term disability and/or social security disability benefits.