disabled person in wheelchair

A long-term disability physically and financially affects not just the person with the disability but also their loved ones. When insurance companies deny disability claims in Portland, whole families can be left struggling and overwhelmed.

Rizk Law lawyers understand how detrimental a denied insurance claim can be to people with disabilities and the people who love them, so we fight to make things right. A Rizk Law long-term disability insurance attorney may be able to help you recover benefits or file an appeal for a denied claim.

No upfront fees or obligations. Phone: 503.342.0783

How Do You Know if You Qualify for Long-Term Disability Benefits in Portland, Oregon?

During your free consultation with a Rizk Law attorney, they will review the terms and conditions of your long-term disability policy to determine if you should qualify for coverage. Usually, a person must have a medical condition that hinders their ability to fulfill their job duties.

Medical conditions that often qualify for long-term disability benefits include, but are not limited to:

  • Cancer
  • Depression
  • Post-traumatic stress disorder (PTSD)
  • Severe back problems
  • Diabetes
  • Heart disease
  • Stroke
  • Lyme disease
  • Traumatic brain injury
  • Spinal cord injury

Many long-term disability policies have elimination periods between the time you become disabled and when you begin receiving benefits, typically between three and six months. On-the-job injuries are excluded from coverage because workers’ compensation generally covers them.

Long-Term Disability Insurance Exclusions for Preexisting Conditions

Long-term disability insurance policies often have exclusions for preexisting conditions. If you have been diagnosed or treated for a medical condition within a specified period (often 90-180 days) before disability coverage began, you may not be eligible to receive benefits for your preexisting condition during your first year of coverage.

There are also exclusions for specific medical conditions that could prevent people suffering from these conditions from obtaining compensation. However, the language of these exclusions can be unclear and sometimes leave room for interpretation. Insurers will try to use that to their advantage, so you should always double-check with your attorney to confirm your coverage.

Rizk Law: 503.342.0783. Our long-term disability attorneys in Portland, Oregon are here to help.

What Benefits Do Long-Term Disability Insurance Policies in Portland Provide?

Long-term disability policies usually provide complete or partial income replacement and benefits. Often, these policies will also provide rehabilitation and return-to-work incentives to help you return to work.

In Oregon, public employees insured by the state receive income compensation based on monthly earnings on their last full day of work before becoming disabled. When it comes to private insurance plans, the benefits will be dependent on the policy’s specific terms but will normally begin once the short-term disability benefits expire.

The Portland long-term disability insurance attorneys with Rizk Law can review the terms of your particular policy to find out what benefits may be available to you.

Does U.S. Federal Law Regulate Long-Term Disability Insurance Claims?

Most long-term disability plans provided by employers are governed by the Employee Retirement and Income Security Act (ERISA). This law controls how long-term disability claims are processed, including the timeline for processing and the claimant’s rights if their claim is denied.

However, plans that are not provided by employers are often excluded from these regulations. Plans provided by some public or church employers may also be exempt. If you are unsure if ERISA covers your claim, a Rizk Law lawyer can look over your policy and discuss your options with you.

There are some advantages to having a long-term disability policy governed by ERISA. Still, there are also many benefits to having a policy that is not overseen by this law. For example, non-ERISA claims may recover punitive damages or compensation for damages not spelled out in the policy.

What Should You Do if Your Long-Term Disability Lawsuit in Portland is Denied?

Do not let a denial discourage you from pursuing compensation because it is not uncommon for long-term disability lawsuits in Portland to be denied, at least initially.

If your long-term disability lawsuit has been denied, obtain a copy of your long-term disability insurance policy plan documents from your insurer. You may need to request these in writing, and you should do so via certified mail with a return receipt requested.

Review the denial letter you received in the mail to determine why the insurance company rejected your claim. Your denial letter should also tell you how you can appeal their decision, along with the deadline to file for an appeal. As there is limited time to file an appeal, you will need to contact an attorney as soon as possible so they can get started on your case.

Make sure to continue your medical treatment and provide your doctor with plenty of details about your symptoms and how they affect you. The documentation of your medical history (or lack thereof) could be the difference between overturning a denial and not.

Call a Portland Long Term Disability Lawyer Today for a Free Consultation

Unsure if you have a valid lawsuit or if you may be able to overturn a denied lawsuit? The Portland long-term disability lawyers at Rizk Law offer free, no-obligation legal consultations to answer your questions and determine your eligibility for benefits. Do not rely on your insurance company to look out for your best interests, as insurers are businesses interested in making a profit.

Rizk Law founder, Richard Rizk, is a former insurance defense and coverage attorney, so he knows how insurance companies operate and has comprehensive knowledge of the laws that apply to long-term disability claims. If you bought long-term disability insurance and are struggling to obtain benefits, we may be able to help. Rizk Law lawyers have recovered millions in compensation for Oregon residents. Call (503) 342-0783 or complete our contact form to schedule your free consultation with us today.

Our phone lines are open 24/7 to take your call. No risk to you. Call our Portland personal injury attorneys at 503.342.0783.