Employment benefits are an important consideration when seeking and accepting new employment, as well as remaining with an employer, and can be a significant source of support for employees both during their working years and after they retire. This is why it is so important to work with an experienced attorney when employment benefits are wrongly denied.
Being involved in a long-term disabilities dispute in Wisconsin can be extremely stressful. This type of dispute unfolds when an employee, such as yourself, is denied benefits that are rightfully deserved after an accidents or serious medical condition has put that employee out of work. Not only could you be out of your job, but the continuous denial of benefits could mean that your income is limited to non-existent. You might also lose your health benefits until your claim is recognized.
In 1974, the Employee Retirement Income Security Act was passed and made law. This act set minimum standards to be met by pension and health plans that were established by the individual, as well as protection to ensure coverage through these plans. In other words, a person who has or develops a long term disability cannot be denied their benefits due to having that disability. If they are denied benefits, the employer or employer’s insurance provider could be held liable and sued.
Long-term disability insurance is highly beneficial for workers throughout Wisconsin who find themselves unable to work. Generally, your claim will fall under one of two categories: Social Security Disability Insurance or Supplemental Security Income Program. There are different benefits and criteria for each, but both can help Wisconsin residents who are unable to work full time.
We hope that you never have to learn about your long-term disability benefits by having to call upon them. But unfortunately, the reason why such benefits exist is because sometimes people just like you can find themselves suffering from an injury or illness that keeps them from working for lengthy durations.
While most associate having a stroke with being in the later years of life, the truth is strokes can happen to just about anyone. In fact, one out of every three deaths in Wisconsin are related to either strokes or heart disease, many of whom are under the age of 65. Unfortunately, strokes are not just a minor inconvenience, either. With the main damage being in the brain, it can take years to fully recover, and sometimes full recovery never happens, leaving victims with a crippling disability.
When you are dealing with claiming disability, having the insurance company act unfairly toward you can be a huge setback. Not acting expeditiously and justly towards clients is called "acting in bad faith." This is not only aggravating, it is illegal.
When you are suddenly unable to work, the effects can be devastating if you do not immediately file for disability. Knowing whether you need to file for short-term or long-term disability can be tricky, depending on the circumstances. On one hand, you may feel like you just need to be insured for a few months. On the other hand, you may be unsure just how long it will take to recover. Each have their benefits and drawbacks.
In a decision that could have a significant impact on employees in Wisconsin and around the country, the U.S. Supreme Court ruled on March 25 that a worker who claimed that she had been the victim of discrimination by her employer on account of her pregnancy was entitled to have her case reheard. In its 6-3 decision remanding the case to the lower court for retrial, the court indicated that the plaintiff should have another opportunity to demonstrate that the actions of her employer were in violation of the Pregnancy Discrimination Act.
As some Wisconsin workers may know, long-term disability insurance is useful as a way to support themselves and their family if they are unable to work. Due to economic changes and the introduction of new health care laws, many employers no longer pay for coverage. In addition, LTD insurance benefits are limited to 60 percent of one's monthly salary, and an employee-paid supplement may help. Generally, such riders are inexpensive, and it may be possible to obtain one through one's employer.