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National ERISA Attorneys – Fighting for Your Benefits

An Long Term Disability Lawyer Can Help in an ERISA Lawsuit
While many individuals are able to obtain long term disability benefits by simply filing a claim or an internal appeal, some insurers may refuse to approve a claim regardless of the number of appeals you file. In these cases, it may be necessary to file a lawsuit under the ERISA or the Employee Retirement Income Security Act. By filing a suit under these federal guidelines, you have the right to have your benefits claim reviewed by a judge who will then make a final ruling on your case.

At the law office of Burke, Harvey & Frankowski, LLC, our ERISA lawyers understand how important long term disability benefits can be when you are prevented from working due to an injury or disability. We also understand how difficult it can be to understand the ERISA guidelines and how they apply to your specific case. Our knowledge of the LTD claims process and federal ERISA guidelines allows us to offer the personalized advice you need to understand your rights and your options for pursuing the benefits you are entitled to under your long term disability policy.

Aggressively Pursuing the Benefits You Are Entitled To
Under the ERISA act, individuals who have exhausted all internal appeals with their insurance company have the option to have their case reviewed by a federal judge. During this review, only the information contained in the case file will be addressed; no testimony will be heard from either the insurance company or the individual making the benefits claim.

Since the judge’s view of the case is limited to the information contained in the case file itself, it is very important to insure that all necessary documentation is included on your file. To do so, our staff will work closely with you, your doctors, your employer and an accountant to gather all necessary information related to your case. We will also help you draft letters and written testimony regarding your injuries or disabilities in an effort to clearly demonstrate their impact on your life and your inability to work. In addition to these documents, we will help you address the insurance company’s reasoning behind the denial of your claim, and work to demonstrate that their reasoning is does not apply to your situation.

By working to put together the strongest case possible, we put you in the best possible position to obtain a favorable judgment.

Call Our Long Term Disability Lawyers to Discuss Your Claim
If you have received notice of a denial of your long term disability benefits claim, it is important to speak to an attorney regarding your options for appealing the decision and seeking benefits.

Blog Posts Disability Claims

Long Term Vs. Short Term Disability

This Blog was brought to you by the J.A. Davis & Associates, LLP principal office in San Antonio

LTD Lawyers, Helping You Understand Your Options
The Difference Between Short Term & Long Term Disability Benefits
When you have been injured or are unable to work due to a disability for any amount of time, paying your bills can be a frustrating and difficult task. With medical bills piling up, and your bank or landlord expecting your mortgage or rent payment, your physical pain can quickly become the least of your worries. Fortunately, under your short term or long term disability coverage, you may be entitled to financial support while you are unable to work.

At the law office of John Davis, LLC, we believe that the first step in obtaining assistance when you are unable to work should be to understand the different programs you have available to you. With more than 50 years of combined experience, our Long Term Disability attorneys have the knowledge needed to help you understand the differences between short and long term disability.

Short Term Disability Coverage
Short term disability coverage is often an optional benefit offered by many employers. While the benefits may vary widely from policy to policy, short term disability is designed to help you pay your bills when you have a physician-documented injury or disability that prevents you from working. The benefits you receive are often a set percentage of your income; in some cases, short term plans will pay 50 to 70 percent of your wages.

Short term disability benefits payments typically last between 10 and 26 weeks, and may have a waiting period before the coverage kicks in. Short term benefits are designed to help individuals who are recovering from less severe injuries like broken bones.

Long Term Disability Benefits
While short term disability benefits kick in after a few weeks of being out of work, long term disability benefits plans do not go into effect until you have been out of work for at least 90 days; in some cases, you may have to be out of work for 180 days, depending on your coverage.

Long term disability benefits have a much longer lifespan than short term benefits; individuals who become permanently disabled may receive benefits payments until they reach the age of average retirement, or 65. In other cases, including those involving more severe conditions like spinal cord injuries, you may be able to collect benefits while you recover or learn a new skill that allows you to seek employment.

Blog Posts

Physical Disabilities

Long Term Disability Lawyers Committed to You
Is Your Condition Covered? Ask a National Physical Disability Attorney
While long term disability benefits plans vary widely from employer to employer and insurance company to insurance company, the physical disabilities they cover are often very similar. Unfortunately, the process of determining if your physical disability is covered under your LTD plan can be quite challenging and offer a great deal of confusion; having an experienced attorney at your side can be highly beneficial in helping you understand if your condition is covered.

At the law firm of Burke, Harvey & Frankowski, LLC ,our physical disabilities lawyers leverage more than 50 years of combined experience to offer detailed advice to individuals who are unable to work due to serious injury or physical impairment. In our many years of practice, we have helped clients nationwide who have suffered from a wide range of injuries, including:

Spinal cord injuries
Brain and head injuries
Loss of limb
Broken bones
Back injuries
Carpal tunnel
We have also assisted countless clients who have experienced physical impairment due to illness or disease, including:

Multiple Sclerosis
Parkinson’s Disease
Cancer
Diabetes
Arthritis
Personalized Guidance during Your Pursuit of Answers
If you are unable to work due to injury or disability, you probably have a lot more questions than you have answers. Our staff will take the time to carefully examine your specific coverage plan and condition before offering you the personalized advice you need to understand your options for obtaining benefits.

From the moment you retain us until the moment you receive a final decision on your benefits, you will never be left without answers to your questions, nor will you be left wondering about the status of your proceedings. In short, we will not rest until we have helped you recover the benefits you are entitled to – if we aren’t able to help you recover benefits, we won’t charge you a penny in legal fees.

Blog Posts Mental Health Disabilities

Mental Disability Claims Lawyers

Is Your Condition Covered? Talk with a National LTD Attorney
Contrary to popular misconception, mental health issues can be very debilitating, and are far more common that the average individual may believe. Symptoms of certain mental health issues are so debilitating that they may prevent the sufferer from being able to function in everyday situations. When simply getting out of bed can seem like a challenge, the prospect of working is simply unimaginable.

At the law firm of Burke, Harvey & Frankowski, LLC, we understand the dramatic impact a mental health issue can have on your life. We also understand how difficult it can be to work while you are dealing with your mental health disability. You are not alone, however — with more than 50 years of combined experience, our mental health disability claims attorneys have the skill and knowledge needed to help you understand your options for obtaining financial support while you address your mental well-being.

We’ve Fought Battles against Insurance Companies – And Won
If your employer has offered you long term disability benefits, and you are unable to work due to a mental health disability, you may be entitled to financial support. Unfortunately, many insurance providers do not view mental disorders as disabilities. Many take a strong stance against granting benefits to individuals with mental disabilities simply because of the difficult nature of proving the disability exists, and prevents you from working. In other cases, the insurance company will place a limit on the length you may receive benefits as they claim that mental health disabilities have a statute of limitations of just two years.

In our years in practice, we have fought battles against insurance companies who have refused to honor their commitment to their clients. In many cases, we’ve been successful in helping our clients obtain the benefits they deserved while they were unable to work.

The experience we gained while addressing cases of a challenging nature allow us to help individuals who are prevented from working due to a wide range of mental health disabilities, including:

Depression
Post-Traumatic Stress Disorder
Bipolar Disorder
Contact our LTD Attorneys to Fight for Your Benefits
You’ve faithfully earned your long term disability benefits, and it isn’t right for your insurance company to dismiss your claim out of hand simply because they view your condition differently than you do. Our staff has the knowledge and skill needed to help you mount a strong case for benefits and will assist in every step of filing your initial claim and necessary appeals. In short, we will not rest until we have helped you explore every possible avenue in your quest for benefits.