You’re a planner and a pragmatist. You hope for the best, but plan for the worst. That’s why you purchased long-term disability (LTD) insurance to begin with. When the unfortunate time comes that you need to file a claim, you want to know you’ll get the benefits you have paid for over many years. However, your insurer is motivated by money. If they can find any excuse to deny your claim, they will. Our disability attorneys understand how LTD companies operate. Throughout the entire process, we can be there for you to make sure you get the benefits you need and deserve at this difficult time. Contact us today to learn more.
Filing for Long Term Disability Benefits
Other than paying your premiums, you haven’t given your LTD policy much thought. Now that you are unable to work due to a serious illness or injury, however, it’s all you can think about. How do you file a claim? What do you need from your doctor? What if they deny your claim? We understand that the process can be overwhelming, but we’re here to help. At Gibbons Law Group, PLLC, our disability team can assist you through all of the following stages:
- Claim. Mistakes are often made when initially filing a claim. We will ensure that your policy covers your current situation, your application is complete, and you have all the medical evidence you need to prove your disability. Working with us from the beginning could save valuable time by avoiding the need to appeal.
- Appeal. LTD claims are denied for a wide range of reasons, but in many cases, you can appeal the denial. This is a complicated process and should not be attempted without the help of a disability attorney.
- Lawsuit. If the appeals are unsuccessful, the next step could be to file a lawsuit. As experienced litigators, we are always prepared for court and will use our knowledge and experience to fight for you.
- Settlement. Many factors go into deciding to accept a lump-sum settlement instead of regular payments over a period of years. Do not agree to a settlement without consulting our disability team. We will help you understand the pros and cons to make the best decision for your situation.
A serious illness or injury can turn your life upside down. You have enough to deal with without having to fight with your long-term disability insurer over a claim. When you entrust your claim to us, you can rest assured that we will fight for you until you get the benefits you deserve.
ERISA vs. Individual LTD Policies
It’s important to understand what kind of LTD policy you have. It makes a big difference in the legal process ahead. Your LTD policy may be provided by your employer, or you may have purchased it individually.
Employer-provided policies are governed by a federal law known as the Employee Retirement Income Security Act (ERISA), and the appeals process is much more complicated than it is for individual policies. Deadlines are short and strict, and you will have to go through an internal appeal process with the insurance company before you can file a lawsuit. With ERISA policies, new evidence can only be presented during the administrative appeal process, not at trial, so you must be diligent about gathering and presenting evidence while you can. ERISA appeals are very difficult to handle without an attorney. For your best chance of success, call Gibbons Law Group, PLLC, to discuss your options.
There are more options available to those appealing private LTD insurance denials. In fact, claimants may have more rights because these plans are governed by applicable state laws instead of ERISA. We are available to help when these claims are denied as well, and our team can help you set up your case for a good result.
You Are Not Alone
It’s hard enough to come to terms with the fact that you can no longer work to support your family. For many people, work is a big part of their identity, and a disability forces them to question their role in society and their value to their family. We understand these conflicting feelings, and we are here to relieve some of the burden. You have worked hard to support your family. Let us work hard to support you. Contact us today.