Louisiana Disability Attorney » Disability Attorney

Disability law covers a broad range of topics, statutes and regulatory schemes. Disability benefits is just one area of disability law. The basic idea underlying all types of disability benefits is to provide an economic safety net to people when, due to injury or illness, they cannot work, either temporarily or for the foreseeable future.

Social Security (SSDI & SSI)

This government program pays monthly benefits if a claimant, who is younger than 65, has psychological and/ or physical disabilities that prevent him or her from doing any work for which he or she is suited given the claimant’s work history, education, training and age. While this definition of disability seems straightforward enough, the vast majority of claims are denied at the initial application. Often it requires the help of a qualified disability attorney to obtain benefits for disabled workers whose valid claims for benefits have been denied.

Long-term Disability Insurance (LTD)

LTD insurance and SSDI are similar to each other in many ways. Both disability plans require claimants to make a written application for benefits and, if denied, the insurance company, like the Social Security Administration, issues a written reason for the denial and explains the claimant’s appeal options. While the claim evaluation processes may be similar, insurance policies or plans do not necessarily define “disability” the same way the Social Security Administration does. It is very important to refer to your insurance policy or plan to see just how disability is defined.

Even more important, unlike the Social Security Administration, an LTD insurance carrier may be financially motivated to deny your claim. After all, the less benefits an insurance company pays out, the more money it can keep for itself. For this reason, it is often advisable to contact an experienced disability attorney before you make your claim.

Many LTD insurance policies provide two levels of coverage. They will pay disability benefits for a limited period of time (often no more than one or two years) if a claimant can no longer perform the duties of his or her job. This is often called the “own occupation” period of disability. To receive benefits beyond the “own occupation” period of disability, a claimant must prove he or she cannot perform any work at all.

LTD insurance benefits can be part of an employer-sponsored fringe benefit plan or they can be purchased as an individual, private disability insurance policy. If the LTD benefits are part of an employee fringe benefit plan (and the employer is not a government entity or church organization) then that insurance plan will be governed by the Employee Retirement Income Security Act (ERISA). This federal statute, unfortunately, stacks the deck in favor of the insurance companies. For example, if a claimant is forced to sue his disability insurance company, the lawsuit must be filed in federal court, the claimant is not entitled to punitive damages and there is no guarantee his or her attorney’s fees will have to be paid by the insurance carrier.

Disability insurance policies which are purchased individually and are not part of employer-sponsored plan (or are part of a church or government employer sponsored plan) are governed by state law. In these cases there is the potential to win punitive damages and attorney’s fees in addition to obtaining the insurance payments themselves.

If you are a self-employed professional contemplating making a claim under your individual disability insurance (DI) policy it is particularly important to contact an attorney before you make the application. In addition to the usual tactics used by insurance companies to deny claims, when dealing with self-employed professionals, insurance copies are notorious for denying claims by asserting that their insured is not disabled so much as he or she is a bad business person. In other words, your insurance company is not above accusing you of making a disability claim because business is bad and you're not making as much money as you would like. In order to preempt the insurance company from using this tactic, contact an experienced disability attorney to make sure your claim application is in order before submitting it to the insurance company.

If your claim for disability benefits has been denied by your insurance company, or if you are contemplating making a claim for disability insurance benefits, contact us for a free consultation and case evaluation.

Accidental Death and Dismemberment Insurance (AD&D)

Rather than ongoing, monthly benefits, these insurance policies pay a lump sum of money in the event of an accidental death or loss of a limb (and sometimes an eye). The amount of the benefit depends on how much insurance is purchased and the nature of the accidental injury, dismemberment or death.

However, as with long-term disability insurance (LTD) the AD&D insurance carriers do not always stand behind their customers. Sometimes insurance companies, relying on weak evidence, will deny a valid claim for benefits by accusing the claimant or the deceased of being negligent (e.g., operating a motor vehicle while under the influence of alcohol or drugs), or even of having committed suicide.

As with LTD insurance, your AD&D coverage will be governed by ERISA if the insurance is provided in a private employer-sponsored plan. Otherwise, state insurance law will govern your claim.

If your insurance company has denied your claim for benefits under an AD&D policy, contact us for a free consultation and evaluation of your case.