Short-term and long-term disability insurance protects you and your family by replacing a significant portion of your income in the event you become sick or injured and are unable to work. While less common than home, property, or life insurance, disability coverage enables you and your family to meet its everyday needs such as your mortgage, car, groceries, and even savings in a situation when your income suddenly disappears. It’s been referred to by some as “paycheck protection.”
If you’ve had to make a disability claim, and your insurance company has delayed, denied, or underpaid your claim, you’re no doubt dealing with extreme financial and emotional stress. At Smith Kendall, PLLC, our Dallas short-term and long-term disability insurance claim lawyers can help you fight your insurance company by personally evaluating your medical records, determining the proper course of action with your doctors, preparing and filing the appeal of the insurance company’s claims decision, and if this isn’t successful, filing a lawsuit on your behalf against the insurance carrier.
The Employee Retirement Income Security Act of 1974 (ERISA) sets forth the rules for administering retirement and benefit plans, as well as certain “welfare benefit plans,” which refer to benefits such as healthcare or long-term disability. ERISA covers employee pension benefit plans, including retirement and 401(k) plans, which provide retirement income to plan participants. Death and long-term disability benefits are generally received as employee benefits pursuant to ERISA plans. To determine whether your disability claim is subject to ERISA’s rules, you should identify who purchased the insurance coverage. When the claimant’s employer purchases the insurance, your claim will generally be governed by ERISA. If an employer does provide benefits, they must follow the rules set by ERISA, including creating written plan documents and then filing a description of the plan, and annual reports, with the Department of Labor.
If your disability claim has been delayed, denied or underpaid, please call the Dallas short-term and long-term disability lawyers of Smith Kendall, PLLC, at (214) 361-6124 to discuss your case. We do not charge clients any fees unless we are able to recover compensation, be it through an out-of-court settlement or litigation.