Las Vegas Disability Insurance Claims Lawyer

Insurance Lawyer

Legal Guidance on Disability Insurance Claims in Las Vegas

Most people acquire disability insurance before they need it, but when it is the time, it’s essential that the process of accessing benefits goes smoothly. If you find yourself disabled after an accident or disease and unable to work, disability benefits will help you to pay your bills and maintain your standard of living until you’re able to work again — or in the long-term, as the case may be.

You may have purchased disability insurance through your own plan, or you may have acquired it with an insurance plan provided by your employer. Regardless of how you received your disability insurance, if you’re struggling to get them to pay, your Las Vegas disability insurance lawyer with Leverty & Associates can make sure you get your benefits.

Short-Term Disability Insurance Claim Lawyer & Long-Term Disability Claim Lawyer

Short-term disability insurance allows you to collect disability benefits while you recover from a temporary disability. By Nevada law, you will receive a portion of your salary for a period of 3-6 months before you are able to return to work. Long-term disability, on the other hand, can last for a period of a few years or until you retire, depending on the severity of your disability.

In a short-term disability, you will likely be able to return to work after you recover, hopefully with the same job. With a long-term disability, you may find yourself out of a job or, at worst, unable to work as you once did. This can be a devastating change, on top of having to deal with the insurance company to file your claim. Fortunately, the process to file is simple, if not always easy.

Step #1: Fill out and File the Claim Form

Your work’s HR department should be able to provide you with a copy of the short-term or long-term disability application. Fill this out as soon as possible and file it with the Nevada state social security department or with the applicable insurance company. If possible, get an online form, but be aware that you may be required to mail the form physically, as well.

Before you file, however, your employer may also need to fill out their section of the form. This is only applicable if you are under your employer’s insurance. Your physician will need to validate your condition with their signature and possibly their contact information. Finally, submit the form according to the instructions given.

Step #2: Wait for Benefits

The length of your wait will depend on your insurance policy. Lower premium insurance plans can have long waiting periods, so it could be up to 30 days before you receive your first benefits payment for a disability. However, most workers receive their first benefits for short-term disability within 14 days.

Step #3: Hire a Las Vegas Disability Insurance Lawyer

Insurance companies are, at the end of the day, a business. If they can find a loophole that would allow them not to have to pay their benefits, they will find it. They have professionals on their team to try to minimize the amount that they will need to pay. So, it’s important to have professionals to defend your rights, as well.

Your legal team at Leverty & Associates can provide aggressive representation to make reluctant insurance companies pay your short-term or long-term disability benefits. We will deal with any interactions with the insurance company, depriving them of the chance to trip you up and back you into a corner while you’re still recovering.

Need help making your insurance company pay? Don’t hesitate to contact us today! We offer free consultations: (702) 507-0201.

Las Vegas ERISA Disability

ERISA stands for the Employee Retirement Security Act” of 1974. This is a government program dedicated to regulating funds set aside for employee benefits such as short-term or long-term disability and retirement. If the disability benefits provided by your employer are a fund, plan, or program established by the employer, it falls under the purview of ERISA.

This is true even when employees pay premiums. In some cases, rather than the employer’s paying premiums to an insurance plan, they will contribute to the fund by offering a rate structure of benefits or premium discounts which they can negotiate when obtaining benefits for the group. In these cases, employees may pay premiums under an ERISA plan.

What Qualifies as an ERISA Plan?

What sets an ERISA plan apart from a regular disability insurance plan? This is largely up to your employer, but it is important to review when seeking out disability payments. In order to be an ERISA plan:

  • The disabilities offered must be part of a “fund, plan, or program.”
  • The employer must contribute in some way to the plan.
  • Participation in the plan must be mandatory.
  • The plan complies with ERISA notice and disclosure requirements.

Some employers will attempt to find ways to make their employee benefits packages exempt from ERISA, so you’ll want to ask and research whether or not your employer-offered insurance falls under ERISA before filing your disability insurance claim.

What Does ERISA Mean for You?

This may sound complicated, but from your side, it is significantly less so. ERISA is essentially a regulation for group employee benefit packages to ensure they’re being used fairly and not abusively.

  • ERISA does not apply to an insurance plan that you purchase separately. It only applies to insurance that is offered as part of a lump employee benefits package. If you have disability benefits through a work insurance plan, ERISA will regulate most of the approval and claims process.
  • ERISA determines how long the insurance company has to decide to accept your disability claim — a maximum of 45 days. However, the insurance company can extend this decision by 30 days if they notify the employee. This means it could potentially be 75 days before your claim is accepted or denied. According to ERISA mandates, the insurance company must also provide a written reason for denying your claim.
  • If you choose to file a lawsuit after your disability claim is denied, ERISA requires judges to review your case for an “abuse of discretion.” If they find that there is an abuse of discretion, they can overturn the insurance company’s decision.

When you know how to use ERISA, it can be a boon for your case. At Leverty & Associates, we are experienced when it comes to ERISA law in Las Vegas. We know the statutes that will apply to your case, so we can help you know what to expect as well as bring our knowledge to help win your case — either in courts or settlements.

What Do We Do as Your Las Vegas Disability Insurance Attorney?

Dealing with the insurance company can be an incredibly stressful process, especially because insurance companies do not have your best interests at heart. They are concerned first and foremost with making a profit and maximizing their bottom line. If you’ve been in an accident that left you disabled, whether for the short term or long term, you may already be overwhelmed just trying to get through the day. Let Leverty & Associates handle the insurance company.

While you should review your insurance policy to know exactly what they’ll cover, and you should apply for your short-term or long-term disability payments, we typically advise you not to interact with the insurance company directly. Instead, we will doggedly question the insurance adjusters and legal teams until we can get to the bottom of why they haven’t paid your disability benefits. We can even help you complete your paperwork to maximize your payout and minimize the information that insurance companies might use against you.

We try to settle with insurance companies in most cases, so you won’t have to deal with the stress of court. Only if the insurance company unreasonably refuses to pay do we advise going to trial. The benefit of going to trial, however, is that you’re likely to receive a more substantial payout than you would in a settlement.

We tackle disability insurance cases including:

Think we might be able to help with your disability insurance claim? Try us! Contact Leverty & Associates today to learn more or to schedule a free consultation.

(702) 507-0201

Why Choose a Leverty & Associates Disability Insurance Lawyer to Represent You?

Leverty & Associates knows what we’re doing when it comes to disability insurance claims. We have spent years defending our clients’ rights against insurance claims and putting the pressure on the insurance provider to pay the amount our clients deserve. We are a compassionate firm who fiercely cares about the well-being of our clients. This time in your life is stressful enough. You don’t need the insurance company to make it harder.

So why choose disability insurance attorneys from Leverty & Associates?

Decades of Experience

We are a multi-generational law firm, and we’ve spent our entire 40 years in business serving the Las Vegas area. We’re not a large firm, but we are a firm with rich experience and know-how. Between four Las Vegas insurance and personal injury attorneys, we have a combined 102 years of experience dealing with cases similar to your own.

You know you’re in good hands when you work with us. We can handle your case with care and sensitivity while fighting the insurance companies aggressively until you get the disability payments you need and deserve.

Proven Results

Forty years of experience is nothing to sneeze at. A record of success is an even more exciting reason to trust Leverty & Associates with your case. In our time serving the Las Vegas area, we have won over $150 million in compensation from our clients. We’ve battled against stubborn insurance companies, defendants in car accidents, and even participated in class action lawsuits — and we’ve won. And we’ll do everything we can to win in your case, as well.

A Wealth of Client Reviews

Don’t just take our word for it. Ask our clients! We’re dedicated to service, and it pays off in our clients’ satisfaction at the end of the day. Many of our clients have left us glowing testimonials explaining how we helped them through a trying time in their life. Best yet, those clients often come back to us when they need representation, and they recommend us to their friends and family. Take a look at our reviews and see what other Nevada residents have had to say about the work we’ve done for them.

Contingency Payments

If you’re waiting for disability benefits, the idea of paying an attorney can seem impossible — which is why you don’t have to until we’ve settled or won your case. We accept payments based on a contingency agreement. According to the contingency agreement, you won’t have to pay when you first hire us. You pay us only after you get paid. This makes the process more affordable for you, and it’s also a show of good faith from us. If we don’t win your case, we don’t get paid. We believe money should flow to you as our client, and that’s how we conduct our business.

Struggling With Disability Insurance Claims? Let Us Help!

If the insurance company is reluctant to pay your disability insurance claim, let Leverty & Associates help. We are experienced with handling stubborn, stingy insurance companies that drag their feet when it comes to paying. We will do everything in our power to ensure you get the payment you deserve.

Contact Leverty & Associates today to learn more about what we can do for you or to set up a free consultation: (702) 507-0201.

Attorney Patrick Leverty

Attorney Patrick LevertyWith his master’s in insurance law, Patrick routinely helps individuals and businesses who are having issues with their insurance company. He also has extensive experience with personal injury actions, complex tort actions, product liability matters, and class actions. Patrick Leverty is rated AV by Martindale Hubbell (the highest rating) and has been granted membership in the Million Dollar Advocate Forum, and Multi-Million Dollar Advocate Forum. Patrick Leverty has been certified as a Personal Injury Specialist by the State Bar of Nevada. [ Attorney Bio ]