Topeka Long Term Disability Lawyer

Long Term Disability Claims

Insurance companies often offer a long-disability allowance. This program is a monthly benefit system if you are involved in an accident that leaves you with a permanent disability. In some cases, these benefits are denied by the insurance company. If this happens, Patton and Patton are here to support you through your case to win your disability claim. 

Your insurance may be provided by your employer, or you might have purchased it independently. The most common insurance types include workers’ compensation and social security, along with general short and long-term disability policies. At Patton and Patton, we work with clients who have had their long-term disability claims rejected by an insurance company.

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Disability Law and ERISA in Kansas

The Employment Retirement Income Security Act 1974 (known as ERISA) is a referral tax and labor law that protects the rights of employees. The ERISA means that any insurance lawsuits involving short or long-term disability claims that include life insurance provided by the employer are covered by federal law.

When it comes to long-term disability claims, the ERISA is the main piece of legislation for any litigation. If you’re searching for a lawyer to represent your case, you need someone familiar with all aspects of the ERISA.

It’s our mission to help clients retrieve their disability insurance benefits. If you’ve gone through a devasting accident in your workplace, it can have a life-changing effect on both you and your family. Your insurance should provide you with the lifeline to compensate you for the injury you’ve sustained. The last thing you want to deal with after a life-changing injury is to be declined the financial support your insurance should provide you with.

At Patton and Patton, we’re experts in Kansas state law, allowing us to support clients who have an individual insurance policy. Our team is also extensively familiar with the ERISA, enabling us to assist clients who have an employer-provided insurance policy.

Whether your insurance is an individual or employer-provided policy, you want your case to proceed promptly so you can recover your entitled disability claim. There are time limits involved with disability claims, which is why we recommend claimants reach out to use as soon as possible.

The appeal process with your insurance company may incorporate deadlines by which you have to respond to proceed with your case. The reality of your situation may mean that you need your disability benefits to afford your day-to-day expenses and to support your family. If your health care policy doesn’t cover these expenses, it’s even more essential that you start the claimant process as soon as possible. 

In some situations, your condition may be deteriorating, meaning you may start forgetting details that are essential to your case. Getting the process started with a lawyer early means your Kansas long-term disability claims are more likely to be successful. 

What You Should Do If Your Kansas Long-Term Disability Claim is Denied

The important thing to remember is to not give up. We’ve successfully represented clients across a spectrum of insurance claims. There’s a process you can follow, whether your employer provides your insurance or if it’s an individual policy. 

If your disability benefits are due to be provided by your employer, federal law requires you to go through an administrative appeal before you can enter into a lawsuit. 

Here’s what you should do if you find yourself in an ERISA-applicable situation.

1) Meet Your Deadlines

Read the denial letter in detail. It should clearly set out the reason for your denial. In some cases, your claim may be denied for a simple reason, like missing documentation. You can resolve the situation yourself by providing your employer or the insurance company with your relevant documentation to receive your long-term disability benefits. Whatever the denial is, you need to be mindful of deadlines. If you miss a deadline, the insurance provider may use it as a reason to dismiss your claim entirely. Staying ahead of your deadlines can put your appeal on the right foot.

2) Present All Relevant Evidence

As federal law requires you to exhaust all available administrative appeals, you want to gather as much favorable evidence as possible. Once you’ve exhausted these routes, your record is closed. This process means no new documentation can be submitted into evidence for the judge to review. 

You want to use the administrative appeal to submit any relevant medical reports relating to your condition. Documentation could include your physician’s notes, surgical reports, and any emergency room records on your incident. It’s advisable to obtain a written opinion on your physical and mental wellbeing from your personal doctor, including the impact of the denial on your health. 

If someone in your family has to take over caregiving duties, you can ask them to provide an impact statement to the insurance company. This letter will explain the wider impact of your accident and injury.

3) Speak to Your Lawyer

Insurance companies have been able to deny claimants their disability benefits because the general public is not familiar with the appeal process. Enlisting legal representation from a lawyer with experience in this field can significantly improve your chances of a positive outcome in your appeal. They can fully brief you on the implication of ERISA on your case, along with representing your case directly to the judge.

Kansas’ Leading Disability Claims Attorneys

At Patton and Patton, we’re personal injury lawyers who offer support for clients who are dealing with long-disability denials. Our team of lawyers has recovered over $19 million for clients, with a combined 35 years of experience. We’ve worked with over 3,500 clients, with a commitment to delivering an unbeatable level of service for our clients.

Patton and Patton also cover auto accidents, medical malpractice, and workplace compensation cases. Our services are available across Topeka and Kansas City. You can call us today for a free case evaluation on (785) 370-001 or drop us an email at pattonandpatton@gmail.comWe also have same-day appointments available at our Topeka and Lenexa offices, along with hospital visits and out-of-office calls available.

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