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Tonopah Long Term Disability Lawyer

Tonopah Long Term Disability Lawyer

If you suffer from a long term disability and are unable to work as a result, you may be able to apply for disability benefits under your long term disability insurance, which is governed under the Employee Retirement Income Security Act (ERISA). However, it is crucial that you work with an experienced attorney to file for these benefits, as your policy’s definition of “disability”—as well as some other caveats—can make all the difference in your case. ERISA claims are incredibly difficult to navigate without the assistance of an experienced attorney; in part, because insurance companies frequently act in bad faith in an effort to deny benefits. In those cases, you and your attorney will need to file an appeal.

At the Law Offices of J. Price McNamara, we have decades of experience advocating for those who are disabled in Tonopah, Arizona, and surrounding areas.

How Does it Work?

Although long term disability is governed under ERISA, it is your insurance company that evaluates your benefits application, which involves an inherent conflict of interest, since they have an interest in denying your benefits. These are some of the common reasons your insurance policy will deny your application:

  • Your disability does not fit the insurer’s definition of disability:
  • You are not yet eligible to receive long term disability benefits because you are still in the “elimination period” and must first use up all of your short-term disability and sick time before filing for long term disability;
  • You did not also file for Social Security Disability Insurance benefits;
  • You provided insufficient medical evidence;
  • Your doctor’s statement was insufficient;
  • The insurance company’s medical experts disagree with your doctor; and/or
  • You missed the appeal deadline (most plans provide you with 180 days to appeal).

Once you have exhausted your own insurance company’s internal appeals process, then you can file a case in federal court. Note that the best time to hire an ERISA attorney to assist you with this process is before an administrative appeal of your claim.

Contact Our Arizona Long Term Disability Attorneys

No one is more familiar with how insurance companies work in this area than Price McNamara. Having previously worked for insurance companies, he knows the intricate ins and outs of how to get the job done for his clients, and our office handles cases on a contingent fee basis, so we only get paid if/when you get paid.

For these reasons, do not assume that it is too costly to fight back and appeal a denial. The law is on your side, and you have nothing to lose by fighting back. In addition, having someone by your side to protect your privacy is essential in these cases, as insurers will frequently collect highly personal records and expose background information about you in an effort to deny your claim.

Contact us today with any questions you have. We answer all questions FREE OF CHARGE.

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