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Karl Truman: Trusted Long-Term Disability / ERISA Denial Lawyer Serving Kentucky and Indiana
Offices in Louisville, KY and Jeffersonville, IN
Long-term disability insurance exists to protect you when a serious illness or injury prevents you from working. But the insurance companies that provide these benefits through employer-sponsored plans have a financial interest in denying claims, delaying payments, and terminating benefits as quickly as possible. And under the federal law that governs these plans, ERISA, they often have procedural advantages that make fighting back more complicated than a standard insurance dispute.
We have a team at Karl Truman Law Office which focuses specifically on Social Security Disability and disability benefits claims. Our team handles long-term disability disputes under both ERISA-governed employer plans and individual disability policies, fighting the insurance companies that are supposed to be paying your benefits.
Our legal team handles:
- Denied long-term disability claims under employer-sponsored group plans governed by ERISA
- Terminated long-term disability benefits that were stopped while you remain disabled
- Claims under individual disability insurance policies not subject to ERISA
- Appeals of denied or terminated disability claims through the required administrative process
- Federal court litigation of ERISA disability claims when administrative appeals are exhausted
No fees unless we win. Available 24/7 throughout Louisville, Southern Indiana, and all of Kentucky and Indiana.
Count on the Colonel
Retired Lt. Colonel, U.S. Army
Karl Truman: Trusted Long-Term Disability / ERISA Denial Lawyer Serving Kentucky and Indiana
Understanding Long-Term Disability / ERISA Denials
ERISA, the Employee Retirement Income Security Act of 1974, is a federal law that governs most employer-sponsored benefit plans, including long-term disability insurance. If your disability coverage comes through your employer rather than a policy you purchased independently, ERISA almost certainly applies to your claim.
ERISA changes the rules in ways that often favor insurance companies. Federal law preempts state insurance laws that would otherwise apply. Lawsuits go to federal court. If you fail to exhaust administrative remedies before filing suit, your claim may be dismissed. And perhaps most importantly, what you say during the administrative appeal process becomes the evidentiary record for federal court review. This is why having an attorney involved from the earliest stage of an ERISA dispute is critical.
EXHAUSTION REQUIREMENT
ERISA requires claimants to exhaust all administrative appeal options before filing suit in federal court. This is not optional. If you skip the appeals process and go straight to court, your case will be dismissed. The administrative record built during the appeals process is what the federal court reviews. How you build that record determines your odds in court.
Why Long-Term Disability / ERISA Denial Cases Are Different
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ERISA Preemption
ERISA preempts state insurance laws. This means you cannot use many protections that apply to standard insurance disputes. Claims must be handled in federal court under federal standards, not state law.
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Administrative Exhaustion
Before suing in federal court, you must exhaust all administrative appeals through the plan's internal process. These appeals build the evidentiary record that the court will review. Getting this right at the administrative stage is critical.
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Arbitrary and Capricious Review
Many ERISA plans grant discretionary authority to the insurance company as plan administrator. This means courts review the denial under a deferential standard, upholding decisions unless they are arbitrary and capricious. Building a strong administrative record is the counter to this standard.
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Individual Policies Differ
If you purchased disability insurance independently, rather than through an employer plan, ERISA may not apply. State insurance law governs individual policies, providing different and sometimes stronger remedies. We evaluate which law applies to your situation.
How We Handle Long-Term Disability / ERISA Denial Cases
From the moment you call, we take over the legal fight. You focus on recovery. We handle everything else.
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Thorough Investigation
We move immediately to build the strongest possible case: gathering records, securing evidence, consulting experts, and documenting every aspect of your situation before anything is lost or altered.
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Handle All Paperwork
From insurance claims to medical records, legal filings, and demand letters, we manage every detail so you can focus on healing. You will never be left wondering what is happening with your case.
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Fight for What You Deserve
The party on the other side of your claim has professionals working to minimize what they pay you. We deal with them directly and protect you from every tactic designed to undervalue your claim.
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Trial-Ready Representation
While most cases settle, we prepare every case for trial. The other side knows we will not back down, and that gives us the leverage to secure maximum compensation.
Knowledge Center
Long-Term Disability / ERISA Denial Resources
Free educational guides and resources to help you understand your rights, the legal process, and how to protect your claim.
Frequently Asked Questions
Comprehensive answers about personal injury law in Kentucky and Indiana. Find the information you need to make informed decisions about your case.
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What is ERISA and does it apply to my long-term disability claim?
ERISA is the federal law that governs most employer-sponsored benefit plans. If your disability insurance is provided through your employer as a group benefit plan, ERISA almost certainly applies. If you purchased an individual disability policy on your own outside of any employer arrangement, ERISA generally does not apply. We evaluate which law governs your specific situation.
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My long-term disability claim was denied. What should I do first?
Contact an attorney immediately. ERISA administrative appeals have strict deadlines, typically 180 days from the date of denial for group health and disability plans. Missing this deadline can end your ability to appeal. The administrative appeal record is also critical, since what is submitted during the appeal process becomes the evidentiary record if you ultimately need to file in federal court.
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The insurance company says I do not meet the definition of disability under my policy. Is that the end?
No. Many denial letters are based on an incomplete review of the medical evidence, improper application of the policy definition, or selective reliance on an independent medical examiner hired by the insurance company. We review the denial, the policy language, and the evidence to determine the strength of an appeal.
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What is the difference between own-occupation and any-occupation disability definitions?
Own-occupation disability means you are considered disabled if you cannot perform the specific duties of your own job. Any-occupation disability means you are considered disabled only if you cannot perform any job, not just your specific occupation. Most group plans start with an own-occupation definition for the first two years and then switch to any-occupation. This transition is when many claims are terminated.
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My benefits were being paid and then suddenly terminated. What can I do?
Termination of ongoing benefits is one of the most common and most aggressive tactics insurance companies use. The reasons given are often pretextual. Contact us immediately. The same administrative appeal process applies, and the same deadlines. Do not delay.
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Can I receive both SSDI and long-term disability benefits at the same time?
Yes. These are separate benefit programs. However, most long-term disability group plans include an offset provision that reduces your LTD benefit by the amount of SSDI you receive. Your LTD insurer may also require you to apply for SSDI and will often offset any SSDI back pay you receive against amounts the LTD plan already paid. We navigate these coordination rules for you.
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How much does a long-term disability attorney cost?
Nothing upfront. We work on contingency. You pay nothing unless we win. Our fee is based on a percentage of the benefits we recover for you.
Still Have Questions About Your Long-Term Disability / ERISA Denial Case?
Get personalized answers from Colonel Karl Truman and our experienced legal team during your free consultation.
Serving Personal Injury Victims Across Kentucky & Indiana
Karl Truman Injury Law represents clients in Louisville, Jeffersonville, Lexington, Bowling Green, Owensboro, Covington, and throughout Kentucky and Indiana. We handle car accidents, truck accidents, motorcycle accidents, slip and fall cases, medical malpractice, workers’ compensation, wrongful death, dog bites, premises liability, and all types of personal injury claims. Available 24/7 for free consultations.