Long-Term Disability Lawyers in Nevada

Helping You Submit LTD Claims

Being unable to work due to illness or injury can be a stressful and overwhelming experience. Fortunately, long-term disability benefits (LTD) provide supplemental income to individuals who can no longer work to support themselves. These programs are run by insurance providers and are meant to protect workers who suffer from disabilities that impact their ability to work.

Although LTD benefits are essential for some people, getting your LTD claim approved can be a lengthy and arduous process. Submitting evidence, doing additional medical exams, and going through the appeals process all take time and energy you may not have. If your insurance company doesn’t want to approve your claim because of the high cost, you could be negotiating with insurance agents for months or even years.

Getting a long-term disability benefits claim approved is much easier with the help of an experienced legal team on your side. At Roeschke Law, our team can help you submit your initial claim, provide the correct information, and go through the appeals process if you receive a denial. We have years of experience helping people collect their rightful benefits, and we know exactly how to navigate the system so you can support yourself and your family. If you need assistance with any part of the LTD benefits process, please don’t hesitate to reach out. Contact our office today by calling 480-999-4740.

What is Long-Term Disability?

Long-term disability benefits were created to provide income to employees who suffer from an injury or illness that leaves them unable to work. If you develop a disability that leaves you unable to perform normal work duties, an insurance company can pay you in monthly payments until the day you can return to work or until you retire. The amount of disability insurance you receive depends on your insurance policy and the state you live in.

Before you can apply for Nevada LTD benefits, you must apply for short-term disability benefits first. Short-term disability benefits only last a short while, ranging from a few months to one year. To apply for short-term disability, you must contact your insurance company and provide proof that you are unable to work to support yourself. Your insurance company will review your claim and either accept it or deny it, in which case you can submit an appeal.

Once your short-term disability benefits run out, you can apply for long-term disability if you are still unable to work. LTD benefits claims are scrutinized much more intensely than short-term disability claims because they cost insurance companies more. You will need to provide medical evidence showing that you cannot work or maintain employment. Like short-term disability claims, your insurance company will review your claim and either accept or deny it. If your claim is denied, you can appeal that decision with help from our team of Nevada disability lawyers.

How Do You Submit a Long-Term Disability Claim?

If you have long-term disability insurance, be sure to thoroughly read your insurance policy and understand how and why you can make a claim. All insurance policies are different, and your policy may have different terms and conditions than others. Next, talk to your doctor or the healthcare providers who are giving you treatment. Primary care doctors and family doctors are technically acceptable, but insurance companies prefer statements from specialists related to your medical condition. You must get support from a healthcare provider to get your claim approved.

Before filing, gather all documents related to your disability, including medical records and work history. Note the date you became disabled and the day you stopped working to ensure you qualify for LTD. Any secondary medical conditions, like mental health issues, typically do not need to be included in your claim, even if they limit your ability to work.

To file a claim, fill out a form with your insurance company either online or in person. Be sure to fill out your claim thoroughly, as a missed section or incomplete information could be taken as an attempt to hide the specifics of your disability. Always answer any questions honestly, and try to avoid using phrases that can easily be disproven. In general, it is best not to use words like “always” or “never” and instead use terms like “frequently” or “seldom.” If your insurance company asks you any yes or no questions, include a written answer with a thorough explanation of your disability.

When submitting a claim, include your medical records and any records that show your inability to work. After submission, your insurance company may reach out to your doctor or healthcare provider for more information. Some policies may also require your doctor to fill out a questionnaire about your condition. It’s a good idea to talk to your doctor before filing to ensure they are comfortable advocating for you with insurance agents. If you are uncomfortable talking to your doctor about LTD, our team can assist you.

If your insurance company needs more information, they will contact you with questions. Your insurance company may use a third-party medical doctor to determine whether your claim is legitimate or not. After a few weeks or months, your insurance agents will get back to you with their determination. If you are denied, you can go through the appeals process to prove that your claim is legitimate. Contact our team for more information.

What Are the Most Common Reasons LTD Claims Are Denied?

Because LTD payments are expensive for insurance companies to provide, many companies will attempt to find any reason to deny a claim. If you receive notice that your claim has been denied, it will likely include an explanation of denial that you can refer to.

Below are the most common reasons why an LTD claim would be denied:

Lack of Qualifying Disability

To qualify for LTD, you must have a disability that meets your insurance company’s definition. If you did not provide sufficient medical evidence or your insurance policy needs more medical proof of your disability, they may deny your claim.

Errors on the Application

Missing or inaccurate information can lead to an automatic denial. It is recommended that you work with a member of our team before submitting an LTD claim to ensure there are no errors.

Missed Deadlines

Insurance companies and their government regulators have strict deadlines for submission. If you miss a deadline, your insurance company may use that to deny your claim.

Independent Medical Exams

Independent medical exams (IME) are exams done by an insurance company’s doctors. Unfortunately, these doctors are often biased and may give the insurance company inaccurate information so they can deny your claim.

Surveillance Evidence

Some insurance companies, especially larger companies with many resources, will hire private investigators to watch individuals who file LTD claims. If a private investigator provides evidence that you can perform work functions, like lifting, standing, or walking, an insurance company can use that evidence to deny your claim.

What is the Appeal Process for Denied Claims?

While receiving a denial notice from your insurance can be discouraging, the fortunate news is that a denial letter doesn’t mean the end of the road. You can go through the official appeals process to prove that you have a disability and require long-term disability payment. If your insurance company is governed by The Employee Retirement Income Security Act (ERISA), you can submit an appeal within 180 days of receiving your denial notice. If you are under a private policy or a policy that is governed by the state, how much time you have will vary.

Before submitting an appeal, read your denial letter carefully to understand exactly why your claim was denied. Some claims are denied for medical reasons, while others are simple errors in the application. Your letter will also give you instructions for submitting an appeal.

After you have read your letter carefully, gather any information missing from your initial application. This can include medical records, work history, and statements from healthcare professionals. Your denial notice may notify you of any missing information so that you can include it. You can also include additional evidence of your disability, including X-rays, MRIs, CT scans, and blood tests. In most cases, the more evidence you can include, the better chance you have of a successful appeal.

If your claim was denied due to insufficient evidence, consider requesting written statements from friends and family members about your disability. You can also request statements from your doctor or other medical experts who specialize in your condition. Ask them to include information about your day-to-day struggles and your inability to work or provide for yourself.

Once you have gathered all of your evidence, you can submit an appeal to your insurance company by following the instructions in the denial letter you received. If you need assistance with the appeals process before filing, our team can help you. We understand that gathering this type of medical evidence can be tricky, and we are dedicated to making the process easier for you. Call our office today for more information.

What is LTD Litigation?

Long-term disability litigation is a step you can take if your appeal is denied. Litigation refers to filing a lawsuit against your employer or your insurance company to demand payment. Litigation can only be started after an official appeal is made, so always go through official channels first. Similarly, the only evidence that can be submitted in LTD litigation is what is included in your initial application and your appeal.

If ERISA governs your insurance policy, you have the right to file a lawsuit in federal court. Federal law states that insurance companies must provide payment to those who rightfully deserve LTD benefits. In most LTD litigation hearings, there is no jury, and all final decisions are made by a judge. The judge will examine your initial application, your appeal, your medical records, and any other written evidence you have provided. The other party can also submit proof of their review process to explain why you were denied.

The court may order the insurance company to approve your claim, or they may defer to the insurance company’s decision. If you are pursuing LTD litigation, it is crucial to have an experienced team of lawyers on your side. Our team can help you by creating a legal strategy to present your evidence in court and convince a judge that you deserve long-term disability benefits. If you would like to pursue LTD litigation, contact us today.

Can a Long-Term Disability Lawyer Help You?

If you are unable to work and provide for yourself and your family, long-term disability benefits are literally life-saving. Unfortunately, many long-term disability claims are denied because insurance companies don’t want to spend money on a lifetime of disability payments. When that happens, you have the right to appeal that decision and even take your insurance company or your employer to court.

Our team at Roeschke Law can help you gather evidence of your medical condition and fill out your LTD application thoroughly to ensure there are no mistakes. If you are denied, our attorneys will help you submit an appeal with additional evidence to bolster your claim. As a last resort, our team can help you pursue litigation to convince a judge that you are unable to work and require disability payments. We are dedicated to getting insurance claims approved for our clients, and we are confident that we can use our experience to benefit you. For more information about our LTD services, contact our office today by calling 480-999-4740.