Colorado PERA Disability Lawyer

Colorado PERA Disability Attorney

Employees of most Colorado governmental agencies and public entities receive disability and other benefits by virtue of their participation in the Public Employees’ Retirement Association (PERA). These claims are administered by PERA’s disability program administrator, which is currently the Unum Life Insurance Company of America (“Unum”). The program was previously administered by Standard Insurance Company.

How Are PERA Disability Claims Processed?

There are some rules which you must know before applying for PERA disability benefits. When a member of PERA becomes mentally or physically incapacitated from working, a disability claim should be immediately submitted to PERA. After eligibility for such benefits is confirmed, the claim is submitted to Unum for a determination whether the PERA member is medically eligible to receive either short-term disability or PERA disability retirement.

Short-Term Disability Versus Disability Retirement

In Colorado the PERA disability program provides two separate disability benefits: short-term disability and disability retirement.

In order to qualify for STD, an employee must demonstrate an inability to perform his or her prior occupation. The insurance policies issued by Standard and Unum also require an individual to demonstrate an inability to perform any other occupation in which he or she could earn 75% of pre-disability earnings. We believe this second requirement violates the law, and therefore, is currently pursuing a class action on this issue. You can read more about our efforts in that matter here. The maximum duration for STD benefits is 22 months. The amount of the benefit equals 60% of an employee’s pre-disability earnings. Short-term disability benefits are paid by Unum pursuant to an insurance contract.

Alternatively, Unum could determine an individual is entitled to disability retirement benefits. In order to qualify for PERA disability retirement, an employee must demonstrate total and permanent inability to engage in any employment in which he or she would earn at least 75% of his or her pre-disability earnings. If Unum Life Insurance Company of America agrees that this requirement has been met, the employee is entitled to receive disability retirement benefits for life or until the employee is no longer disabled. The disability retirement benefit is paid by PERA, through its own funds and the member’s contribution account.

The amount of the PERA disability retirement benefit is determined by performing a complicated set of calculations, which are based on the employee’s earned and purchased service credit with the PERA employer and the “highest average salary” earned by the employee.

Supplemental Long-Term Disability Coverage

When filing a PERA disability claim, you can expect to receive many benefits, but it also depends on the type of claim you have. Depending upon the employer, some PERA members are offered additional or supplemental long-term disability (LTD) coverage or supplemental short-term disability (STD) coverage under a separate disability insurance policy. This additional policy is meant to supplement the PERA disability retirement program and compensate the employee up to 60% of the employee’s pre-disability income.

Have Our PERA Disability Retirement Attorneys Review Your Claim

The disability insurance lawyers at McDermott Law have extensive experience pursuing PERA disability claims (both for STD and disability retirement) through all stages of the appeal process and into litigation. If either Standard or Unum has denied your claim for PERA disability retirement or short-term disability benefits, please contact our office online or call 303-964-1800 for an assessment of your case. We offer free Review of Denied Claims.