practice areas

Employment Benefit Disability

Have you been denied disability benefits by an insurance company?

Are you entitled to disability benefits through your employment but are unsure how to apply?

Have you received a letter that references ERISA?

If so, we can help. 

Many employers offer short-term disability (STD) and long-term disability (LTD) benefits to their employees. These benefits are usually administered by insurance companies. For example, we frequently represent clients in their claims with Cigna, Unum, MetLife, Hartford, Prudential, Sun Life, Reliance, The Standard, Lincoln, Mutual of Omaha, Guardian, Northwestern Mutual, and Principal. 

Many STD and LTD applications are denied by insurance companies. This can be due to the insurance company’s failure to obtain medical records. It can be due to the lack of a completed physician statement. It can be for some other technical reason. 

In the face of these challenges, it is understandable that some people walk away, finding the whole process too frustrating and time-consuming. Before doing that, we encourage you to contact our office to discuss your situation and answer your questions. 

STD and LTD claims are unique from other kinds of insurance and disability claims.

They are usually governed by ERISA – a federal benefits law. ERISA is not friendly to the common person. ERISA’s rules are technical and harsh. This starts with a strict deadline on appealing the insurance company’s denial. For example, if you have received a decision denying your STD or LTD claim, it is crucial to appeal that decision within a particular time frame (usually 180 days). It is also important to prepare that appeal with an understanding of how ERISA will affect your claim. 

We appeal many dozens of STD and LTD claims each year. We also prosecute these claims in court. When an appeal is denied, it may be necessary to file a lawsuit. ERISA allows insurance companies to get away with a lot, but it is not hopeless. 

We also routinely find STD and LTD claims for clients that did not know that they may be eligible for benefits. This is common among clients that came to our office seeking Social Security disability representation. Many employees simply do not know that they have STD and LTD coverage through their former employer (such as Walmart or KU Medical Center). 

We may be able to help you discover benefits that you did not know were available to you. We can also help navigate you through the STD and LTD claims process.

We welcome a phone call, e-mail, or text message to arrange a free, no-obligation consultation. We will review your specific situation and discuss how to best pursue STD and LTD benefits.

Call now for your FREE consultation
(816) 844-3401

BurnettDriskill, Attorneys – Integrity, Experience and Commitment are just a phone call away.