Benefits are being offset by SSDI. I have a mental health disability and a group policy that does not have the 2 year cap on mental health. The policy should pay until I am age 65 unless I am terminated in the future.. Being on LTD and SSDI can be precarious because even tho you and your doctors think you might be unable to work, other people like the claims admin. has the final say so and that it what ultimately matters. ERISA law is so unfair (should be changed) and it scares me what might happen in the future because I depend on this income in order to live now. I did work for nearly 30 years with a chronic mental health condition.but it got so bad until I had to stop. What is the first thing I should do if I find myself facing a cancel. Any LTD lawyers in Ga. who do ERISA?
Jeremy Lyle BordelonSocial Security LawyersChattanooga, TN ·
I hope that you don't run into any problems with your LTD, but if you do, I'd be happy to take a look at your case. As Mr. Ortiz noted, you do not necessarily need a Georgia-licensed attorney to handle an ERISA case, since it doesn't change much from place to place. I've handled ERISA cases for people in Hawaii, Rhode Island, North Dakota, Florida, Texas, and plenty from Georgia, since the Georgia State line is only a few miles from my office in Chattanooga, Tennessee. For what it's worth, we do have a Georgia-licensed attorney with the firm who supervises our work there. There are also a number of good ERISA practitioners in the Atlanta area, if you'd be more comfortable with that.
Again, best of luck with your claim, here's hoping you don't need any help, but if you do you can reach me through , or search for a different attorney here as well.
You can look for LTD attorneys right here at www.attorneyqna.com
Remember that if any claims rep. calls you about limiting/ending your benefits you need to ask for a written explanation.
Wow, It is great to see that you do not have the two year cap on mental health conditions. That is a very rare insurance policy indeed. You are correct that being on LTD and SSDI can be precarious.
You are also correct that ERISA laws are terrible and should be changed.
You should see an attorney right away if the insurance company is threatening you with cutting off benefits. You should not wait until after you have filed all of the required appeals on your own, as you may not be submitting all the evidence that will be critical to fighting the insurance company in court if you continue to be denied.
If you are that worried you may be canceled at some point in the future, you should consider a "washout" settlement with the insurance company. This means you would receive a lump sum payment to cancel the policy. You would need to compromise to do so, however; that means you would be giving up something in exchange for a lump sum payment. The benefit to you is that you would not have to worry about a future cut-off. The negative is that you would have to accept less than the full value of the policy.
I would recommend that you have an attorney assist you in negotiating a washout settlement. The attorney does not need to be a Georgia attorney.
I agree that you should consider consulting an attorney if you believe the insurance company is considering cancelling your policy. The attorney might be able to help you with any necessary appeals too.
