A number of people become disabled each year and are unable to work as a result. Unless you have purchased an individual disability policy of your own, your employer likely has a long term disability policy governed by the Employee Retirement Income Security Act (ERISA). However, filing claims to try and obtain benefits under your employer’s policy can be difficult, as the insurance companies typically put a number of hurdles in your way to avoid paying out benefits, which can be difficult to navigate even if you read the policy’s fine print.
In order to increase your chances of successfully obtaining long term disability benefits, you will want to work with an attorney who is experienced in helping people file for these benefits, as well as appeal any denials.
At the Law Offices of J. Price McNamara, we focus on helping those who are filing for or who have been denied long term disability benefits under ERISA. Contact our Greenville, South Carolina ERISA attorneys today to find out more.
First and foremost, how your policy defines “disabled,” in terms of what is covered, is of paramount importance. Some policies require you to be “totally” disabled in order to receive benefits; while others may still allow you to receive some benefits if you are only “partially” disabled. The ability to receive benefits can also depend upon what the policy considers to be ‘unable to perform work,’ and whether that relates to an inability to work in a similar job, or in any job.
Another crucial aspect of the application involves the medical evidence that you and your doctor must submit. The insurance company will require a number of forms and statements from your attending physician, as well as a certain amount of objective evidence in addition to this opinion, including any applicable test results, x-rays, etc. You will want to continue receiving treatment from your doctor throughout the duration of your claim.
Policies must be read carefully, as they can also differ as to:
Another area in which insurance companies can be tricky with disability claims involves pre-existing conditions. Sometimes, they find excuses to deny paying benefits if they deem a particular condition to be separate from the long term disability that is the subject of your application.
Our attorneys answer any and all questions you have FREE OF CHARGE, and we also offer free comprehensive case reviews. We then handle your case on a contingency fee basis, which means that we do not receive any compensation unless and until you win and are paid your disability. Contact us today to find out more.
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I would recommend Mr. Mcnanmara to anyone at any time. He was the best attorney that my family and I came in contact with. About three years ago we had a very tragic, accidental death in our family and the company knew that it was their fault but of course tried passing the buck. Mr.
Price and Sara are great. They helped us in a time of need. Their communication was always spot on and I never felt out of the loop with what was going on with our case.
Price is very professional, honest, and reliable. Whatever he says, he will follow through with the utmost integrity. He will turn over every stone and pays close attention to even the smallest detail. I’m glad I secured his services.
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