While Illinois law does not require it, employers may choose to offer disability insurance. Disability insurance companies provide monthly benefits to replace lost income for disabled individuals, while health insurance pays for medical treatment. These benefits protect your financial health in the event of a catastrophic illness or injury.
A disability lawyer with Nessler & Associates can protect your legal rights to compensation during the claims process. We understand disability insurance, how to handle long-term disability claims, and how to approach the appeal process. We can use our extensive knowledge and experience to help you get the compensation the insurer owes you.
Long-Term Disability Insurance and Social Security Disability Insurance
Private disability insurance differs from Social Security Disability Insurance in several respects. The private insurance company typically provides up to 60%-80% of your gross monthly income. SSDI also provides a percentage of your income up to a maximum monthly benefit and requires beneficiaries to have a specific work history.
The federal court oversees SSDI disputes. Local courts often manage disability insurance issues.
People with higher salaries get more financial benefits from disability insurance than SSDI. SSDI benefits top out under $3,500 per month for people earning more than $300,000. Your group policy benefits are tied to your income.
Long-term disability insurance typically costs less than SSDI, although you can buy additional coverage that raises the price. It provides benefits for two, five, or ten years or until retirement, depending on the policy you buy. SSDI is provided by the federal government and lasts as long as your disability does.
A qualified disability lawyer can explain the benefits of your private long-term disability insurance policy and how the claims process works. We can also help you understand the difference between short-term and long-term disability insurance.
Short-Term and Long-Term Disability Insurance
The Employee Retirement Income Security Act, passed in 1974, offers protection in the form of an employee welfare plan. The act requires employers to provide employee welfare plans that include benefits when an accident or disability occurs. This coverage is usually through the purchase of disability insurance that pays for medical care and partial wages for the affected employee, based on the severity of the disability.
Long-term disability benefits typically kick in when your short-term disability benefits expire, usually six months after the accident or diagnosis. Short-term disability policies cover lost income to pay your monthly expenses.
Long-term disability policies provide disability insurance benefits through monthly payments over an extended period. This insurance policy allows those with mental and physical disabilities to learn new skills to find work in a new field. Depending on your policy, the insurance company might provide benefits for the remainder of your life.
Conditions Illinois Disability Insurers Typically Cover
Your disability insurance company covers many physical conditions that affect your ability to work, including:
- Coronary artery disease
- Degenerative disc disease
- Carpal tunnel syndrome
- Regional pain syndrome
- Rheumatoid arthritis
Many insurance providers exclude most mental health issues or only offer coverage for a brief time. These medical conditions include depression, anxiety, and post-traumatic stress disorder (PTSD).
To obtain disability coverage for mental health issues, it’s important to work with an attorney who can help you document your issues. You must work with a therapist who knows how to record your symptoms and can provide documents that you can submit for disability benefits approval.
Insurers use a definition of disability that applies to your ability to work in your field or your ability to work in any field. If you need help getting disability compensation benefits, an experienced disability insurance lawyer with Nessler & Associates can provide legal advice.
What to Do if Your Claim is Rejected
If you receive a denial letter from your insurance provider, a disability compensation attorney can assist you with the appeal process. We can work with a network of medical providers and vocational experts to gather additional evidence to support your valid claim.
Medical evidence consists of your medical record and additional medical tests. If the insurance company claims your disability arises from a pre-existing condition, your legal team needs to show that there was no evidence of this condition in your medical records.
The long-term disability lawyers with Nessler & Associates can help you hold an insurer responsible for a wrongful delay in paying benefits or issuing a bad faith denial. We can craft a persuasive appeal.
Let an Illinois Disability Attorney Help
The law firm of Nessler & Associates can assist you with the disability claim application process or represent you after the insurance company has denied your claim. We have represented many clients in individual disability litigation who ultimately received their long-term disability benefits with our help.
We understand the impact a disability has on your life. We can negotiate with the insurance company to get you the financial benefits the insurer denied.
Call the law offices of Nessler & Associates at (800) 727-8010 to set up a free consultation. We can discuss any SSDI or insurance claims you may have and review your evidence to provide feedback on your case and advise you of your legal steps.