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When an illness or injury makes you miss work indefinitely, the financial strain and uncertainty can be overwhelming. You wonder how to recover your lost wages and pay your bills. You worry about meeting your obligations to your home and family. On top of everything, you endure a health condition that limits your daily activities and for which you need medical care.

The good news is you may be eligible for long-term disability (LTD) benefits under your employer’s group insurance policy. Such disability policies are regulated by the federal Employment Retirement Investment Security Act (ERISA).

Claiming these benefits, however, can be complicated, especially as you’ll face insurance companies that are interested in minimizing claims. We at Gillette Law Group are experienced and ready to help you pursue a strong ERISA claim, fighting for the benefits you deserve while you focus on your recovery. We’ve practiced in this legal field for over 25 years in Virginia, Maryland, DC, North Carolina and beyond. You can count on us for skilled, knowledgeable, and strategic disability claims.

Call and talk to us for free. Call Gillette Law Group at (855) 654-8130 today.

Skillfully Handling Your ERISA Disability Claim and Issues

Unsure what to do next in your long-term disability claim? Encountered a setback in the claims process? At Gillette Law Group, we can help you through the following services and more:

  • Sharp legal guidance on ERISA. From the moment you talk with us, our experienced team will provide sound advice on your best options to receive maximum disability benefits.
  • Handling your disability claim. Having practiced for over 25 years, our legal team is intimately familiar with the disability claims process. We can deal with insurers and employers on your behalf, and if necessary, our disability lawyers can pursue the case in court.
  • Appealing a denied claim. If your initial claim was rejected, there is still an opportunity to appeal. We at Gillette Law Griyo can craft a strong appeal that improves your chances of getting benefits. We’ll also protect your unique rights pertaining to the appeals process. But act fast – you only have 180 days to file an appeal.
  • Representing you in an ERISA lawsuit. If the insurance carrier has unfairly denied your claim or dealt with you in bad faith, it may be grounds for a lawsuit. Our seasoned disability attorneys at Gillette Law Group have experience in federal courts in Virginia, and can competently represent you in this complex endeavor.

What Illnesses and Injuries Are Covered Under ERISA?

Most injuries and illnesses that prevent you from working may be eligible for ERISA disability benefits, even if they weren’t caused by your job. In general, qualifying conditions must be “long term” or “indefinite,” but specific criteria for that vary from policy to policy. Common examples of covered conditions are:

  • Arthritis
  • Back injuries
  • Cancer
  • Cardiovascular disease
  • Injuries from accidents
  • Multiple sclerosis
  • Parkinson’s disease
  • Respiratory disease
  • Conditions that affect cognitive function, concentration, mobility, or regular attendance.

Note that each policy will have its own definition of “disability,” which you’ll have to meet when claiming benefits. Your employer’s long-term disability policy may also specify conditions that are excluded from coverage. It’s important to be aware of these provisions and to consult a disability attorney if you wish to be certain of your eligibility. Don’t hesitate to call and talk to us at Gillette Law Group at (855) 654-8130 today.

ERISA Benefits You May Receive for Long-Term Disability

LTD benefits are meant to replace a part of your income – typically, you may receive a benefit amount of around 60 percent of your pre-illness wages. The specific provisions of your employer’s policy will affect this amount and how long you may receive it for.

Other types of disability benefits will also affect your ERISA amount. For instance, if you qualify for Social Security disability benefits, your employer’s LTD plan may require you to claim Social Security first then have those benefits offset by the LTD plan. A similar arrangement may be required if you’re also claiming workers’ compensation.

Long-Term Disability and Workers’ Compensation: What’s the Difference?

A primary difference between long-term disability and workers’ compensation is that workers’ comp covers job-related injuries, while LTD isn’t limited to that. You may claim long-term disability benefits even for diseases and injuries that don’t have anything to do with your job, as long as they meet your policy’s criteria.

Depending on the language of your employer’s LTD policy, you may be able to claim both LTD and workers’ comp for a job-related injury. In these cases, LTD benefits will likely be offset by any workers’ comp benefits you receive.

Your Long-Term Disability Rights Under ERISA

As you seek long-term disability benefits, ERISA affords you specific rights that pertain to your claim:

  • Employees must be informed by their employer about their eligibility for benefits.
  • Employees must receive instructions on how to file a claim for benefits, including the timeline for claiming.
  • Employees must receive adequate information on how to appeal a denied claim.
  • If there’s a change in coverage, eligibility, or benefits, the employer must notify employees.
  • An employee cannot be fired or demoted for making a disability claim.
  • An employee cannot be denied benefits on the basis of their gender, age, race, or pregnancy.

If you believe your employer or their insurer has violated your rights with regard to disability, contact Gillette Law Group. Over the past 25+ years, we’ve handled numerous cases of unfair ERISA dealings, and have successfully fought for favorable outcomes for our clients. We’ll provide you with a free consultation. You need to be certain of your rights and entitlements when there’s so much on the line with your disability.

Why Gillette Law Group Is Your Top Choice for Virginia Disability Claims

  • Outstanding track record. Gillette Law Group has succeeded in thousands of initial claims and appeals, including for long-term disability. Reviews from our real-life former clients reflect our effective and efficient service.
  • Top-rated in the profession. When you work with Gillette Law Group, you work with attorneys who are reputable in their field. We’ve earned the highest accolades and ratings from lawyer review bodies such as Avvo, SuperLawyers, and Top Lawyers of Coastal Virginia.
  • Genuine care for people. You are not just a case number at Gillette Law Group. We ourselves have loved ones who’ve suffered illnesses, so we understand just how difficult it can be. We’re personally committed to the success of each client we work with, and also take time to serve our community through volunteering.
  • Free consultation. You don’t risk any money by approaching us. During your call with Gillette Law Group, we’ll provide sharp legal guidance at no cost and no obligation on your part.

Call & Talk To Our Virginia Disability Lawyer Today

Don’t wait to lose your ERISA long-term disability benefits. Get high-quality legal help from Gillette Law Group. We have physical offices in Williamsburg and Newport News but serve clients throughout Virginia, Maryland, DC, North Carolina and beyond.

Call and talk to us at (855) 654-8130 about your disability case today.