Why Long-Term Disability Claims & Appeals Can Be So Frustrating

If you’re unable to work because of a disability, you are likely feeling stressed and frustrated. You’re unable to earn money to pay your living expenses or take care of your family. You want to work, but the doctor states that you cannot work because of your medical condition.

Long-term disability insurance can help you stay above water until you can return to work.  Long-term disability benefits are a solution to financial problems for individuals who cannot return to work.

You may have long-term disability insurance benefits from a group plan with your employer or that you purchased from an individual insurance provider. But the policies and laws that govern these claims and benefits vary greatly.  This makes it difficult to understand what your long-term disability insurance policy cover and how to get the benefits you deserve.

Our long-term disability benefits attorney in Kansas City, Missouri regularly provides answers to these long-term disability questions and many more. Here are answers to the seven of the most common questions about long term disability benefits.

Seven FAQs About Long Term Disability Benefits

1. What Is Long Term Disability Insurance?

Long-Term Disability ERISA Attorney in MO & KSLong Term Disability (LTD) is an insurance policy. LTD policies provide the financial support workers need when they are out of work for a disability. It pays you when you cannot work for an extended time because of a physical injury or mental illness.

2. Do I Have Long Term Disability Insurance?

You can purchase an LTD insurance policy directly from an insurance provider. Many workers have LTD benefits through their employers. The employer may provide the LTD coverage, or the employee may pay for the insurance coverage through payroll deductions. 

3. How Much Will I Receive From My Long Term Disability Insurance? 

The amount of disability payments under an LTD insurance policy depends on the terms of the policy. However, many LTD policies pay 60 to 80 percent of your regular income. 

4. How Long Will I Receive Long Term Disability Insurance Payments? 

The terms of your LTD insurance policy determine how long you are entitled to receive benefits. In most cases, you should be entitled to receive LTD benefits for as long as you are disabled. However, many insurance policies contain a Maximum Benefit Period clause limiting the length of time you can receive LTD benefits. The clause may also be referred to as the Maximum Indemnity Period or Maximum Duration.

5. What Happens If I Have More than One Long Term Disability Insurance Policy?

You could receive benefits from multiple policies. Some people purchase individual LTD insurance policies to supplement the benefits offered through an employer-provided LTD insurance policy. One crucial difference is that individual policies are governed by state law. Employer-provided LTD insurance policies are generally governed by ERISA (the Employee Retirement Income Security Act).

6. Can My Long Term Disability Insurance Payments Decrease Because of Offsets?

The amount you might receive for Long Term Disability benefits could decrease because of an offset. Offsets include:

  • Retirement benefits
  • SSDI (Social Security Disability Insurance)
  • Passive business income 

Offsets of your LTD benefits could be complicated. If you are unsure whether your benefits are being unfairly reduced, seek legal advice immediately. 

7. What Are the Requirements for Receiving Long Term Disability Insurance Payments?

The terms of the long-term disability policy dictate the requirements for receiving disability benefits. The terms vary by policy, so you need to read your LTD insurance contract carefully.

Typically, you must be unable to work because of a disability for at least three to six months before long-term disability benefits apply. Unable to work means disabled from your occupation. After one or two years, you may need to be disabled from working in any occupation to continue receiving long-term disability benefits. 

You must continue your doctor’s treatment plan for benefits to continue. 

Get Help with Your LTD Disability Claim from a Kansas City Disability Lawyer

Do you have additional questions about long term disability benefits in Kansas and Missouri? LTD insurance policies can be confusing and difficult to understand. An insurance company may take advantage of an individual who does not know the terms of the long-term disability policy. The company may deny benefits to terminate disability benefits without legal grounds.

Our Kansas City disability attorney at the Law Office of Kevin J. McManus assists clients in obtaining the long-term disability benefits they deserve. Our legal team understands the complicated ERISA requirements and rules that apply to employer-provided long-term disability policies. 


Contact our law firm in Kansas City for a free consultation with a long term disability lawyer. You can call 816-203-0143 or complete our online contact form for more information or to schedule a free case review.


Kevin J. McManus
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Kevin McManus is an accident injury and disability lawyer in Kansas City, MO, and Overland Park, KS
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