Short-Term Disability Lawyer in Kansas City, MO
Being diagnosed with a disabling condition can be devastating. Even though your doctor tells you that you will return to work soon, you need to pay your bills and support your family in the coming weeks or months while you are unable to work. What are you supposed to do for income until your doctor releases you to return to work?
Short-term disability insurance can help replace some of the income you lose while you are out because of a medical condition. Many employers provide short-term disability (STD) coverage for their employees or offer coverage for employees to purchase.
Unfortunately, what should be a straightforward process of filing a short-term disability claim and receiving benefits is complicated by insurance providers and federal laws. If you are denied your short-term disability benefits, our short-term disability attorney can help get you the benefits you deserve.
Our Disability Attorney Handles Short-Term Disability Claims
Very few attorneys, even disability attorneys, handle short-term disability claims. Some attorneys view these types of disability claims as too small to handle. They only accept cases involving long-term disability claims, which they believe can earn them higher fees.
But when you're without a regular paycheck, there's nothing small about short-term disability benefits.
Our disability lawyer handles both long-term and short-term disability claims and appeals. He is licensed in Missouri and Kansas. Representation is offered in other jurisdictions with local counsel with no additional fees and permission of the court.
Denied Short-Term Disability? Here's How We Can Help.
We understand that a short-term disability claim is not a “small” matter to the person who needs income now. For a person who is out of work, receiving short-term disability income is crucial for providing for the needs of the family.
If you have been denied short-term disability benefits, there is hope. Our legal team aggressively fights denials of short-term disability benefits. We do not stop fighting until all avenues of appeal are exhausted.
We believe that you deserve trusted, experienced legal representation from a disability lawyer who understands the complexities involved in appealing a disability claim. Here's we can help.
1. Send Us Your Denial Letter for a Free Review
If you have been denied short-term disability benefits, you need to act quickly to protect your rights. The time to file an appeal runs out fast. Email/Mail or Fax (816-203-0143) us your denial letter now. We will review it for free and call you to explain your options for fighting the denial.
2. Download Our Free Disability Book
Our attorney's free disability book, Danger: Proceed at Your Own Risk, is our guide to ERISA disability claims and appeals that covers why insurance companies and how to fight back. Download a free copy right now to learn how to protect your claim or file an appeal after an unfair denial.
3. Contact Us for a No-Obligation Consultation
Call our office at 816-203-0143 to request a no-obligation consultation about your short-term disability claim. If you have not submitted a claim for your short-term disability benefits, we can review your policy and claim documents to offer guidance and suggestions that may help you avoid receiving a denial of your short-term disability claim.
What are Short-Term Disability Benefits?
Short-term disability is an insurance policy. Many employers provide short-term disability benefits as part of their employee benefits package. The employer may pay the premium for the short-term disability coverage or offer the coverage at a reasonable rate. Some employers may pay for basic coverage, but offer extended short-term disability benefits to employees who want to pay the additional premium.
Short-term disability benefits help with the loss of income when an employee is out of work because of a medical condition or illness. To receive short-term disability benefits, the employee must have a verifiable medical condition that prevents the employee from performing his or her job duties.
Common examples of disabling conditions that might result in short-term disability benefits include, but are not limited to, surgery, back injuries, cancer, heart disease, and infections or illnesses requiring hospitalizations. If the injury or illness is work-related, short-term disability insurance probably does not apply. The employee would need to file a workers’ compensation claim seeking benefits for a work-related injury or illness.
The benefits an employee may be entitled to receive depend on the terms and conditions of the short-term disability insurance policy. Most policies contain a short exclusion period, such as a week to 14 days, and also contain several exemptions to coverage. These policies rarely compensate the employee for the full loss of income.
Most policies pay a percentage of the loss of income based on the employee’s regular earnings, typically 60 to 80 percent. Short-term disability policies usually limit the term of the benefits to three to six months. At that time, an employee would need to seek long-term disability benefits if the employee is still unable to work because of the disabling condition.
Denials of Short-Term Disability May Impact Long-Term Disability
There is another reason to appeal a denial of short-term disability. If your condition or illness keeps you out of work for six months or longer, you may need to file a claim for long-term disability. The insurance company may also deny your long-term disability claim after the denial of your short-term disability claim.
Permanent disabilities could result in long-term disability benefits through retirement age. You must protect your right to these benefits by fighting for your short-term disability payments.
You may be told or simply assume that you cannot apply for long-term disability after being denied short-term disability. However, it's important to note that, in most cases, that's false. You cannot be denied long-term disability benefits simply because your short-term disability benefits were denied.
The denial of short-term disability benefits will almost certainly complicate your long-term disability claim. A short-term disability denial is a complication you do not want or need when you are seeking long-term disability benefits.
Hire a Disability Attorney With ERISA Experience
Some short-term disability insurance policies fall under the jurisdiction of ERISA (Employee Retirement Income Security Act). Unfortunately, ERISA often complicates the process of obtaining short-term disability benefits. The laws and regulations favor insurance companies and employees. ERISA also has strict requirements and short deadlines that an applicant must meet, or the insurance company can deny the disability claim.
Before you hire a short-term disability claims attorney, ask if the attorney has experience in ERISA.
Each step you take in the process of filing an ERISA short-term disability claim and appealing a denial of that claim impacts the next phase of the process. Therefore, if you hire an attorney who is not familiar with ERISA requirements, your chance of winning your case in later phases of the appeals process or through litigation of your claim may be lower.
For example, if you fail to submit all relevant documentation and information with your initial claim or appeal, the court may not consider that information and documentation later under ERISA, and this could hurt your chance of success.
You want an attorney who has ERISA experience working on your short-term disability claim from the beginning of the claim. By hiring an attorney with ERISA experience, you have the peace of mind of knowing that your short-term disability claim will be handled correctly during every phase of the process.
Our Kansas City short-term disability lawyer has extensive experience handling ERISA disability claims. You can rest assured that your claim is handled correctly from start to finish by a lawyer who thoroughly understands how ERISA impacts a disability claim.
Call Our Short-Term Disability Lawyer in Kansas City, MO
The Law Office of Kevin J. McManus fights to protect your best interests and legal rights after a denial of short-term disability. We are on your side. You do not need to battle a large insurance company alone.
We know the tactics used by insurance providers to unjustly and unfairly deny valid short-term disability claims. Let us protect you from those tactics as we fight for the benefits you deserve.
Call 816-203-0143 for a no-obligation consultation with our Kansas City short-term disability attorney. Call now, don’t wait.