Long-Term Disability Lawyer in New Orleans

It can be a nightmare to have your long-term disability benefits claim denied. You spent money on insurance in the hopes that it would help avoid financial hardship if you become disabled and cannot work. 

Now, you want those benefits, and your insurer delays or rejects your claim. At this point, it’s time to let a long-term disability lawyer in New Orleans obtain your rightfully owed benefits. 

The team at ERISA Insurance Claim Attorneys has more than three decades of experience with long-term disability claims and many others. Trust us to help you get the insurance benefits you paid for and deserve. Speak with a New Orleans insurance claims lawyer to get started.

Why Should You Hire a New Orleans Long-Term Disability Lawyer?

The claims process is long and arduous. If you make a mistake during this process, your claim can be denied. Thankfully, a New Orleans long-term disability lawyer gives your claim their undivided attention. They explain what qualifies as a disability in Louisiana and what people with disabilities need to do to get full benefits. 

Your attorney describes how to calculate disability benefits and which ones you can receive. They guide you through the claims process. If your claim was denied previously, your lawyer will submit your appeal and argue your case. 

Along with these things, your lawyer focuses on your claim while you prioritize your health and well-being. They remain accessible to address any concerns or questions you have and keep you updated as they work to get your benefits request approved. 

For a free legal consultation with a long-term disability lawyer serving New Orleans, call (225) 201-8311

Fighting Claim Terminations and Denials

Many people get their benefits request approved, but their insurance company terminates or denies their claim at a later time. A long-term disability attorney in New Orleans understands the reasons insurance companies deny or terminate claims, such as:

Disputing Doctors’ Statements About the Severity of Your Medical Condition

Your treating doctors provide medical opinions regarding your medical condition and how it affects you on a daily basis. Meanwhile, your insurance company has consultants evaluate your medical documentation. These consultants can disagree with your doctors’ opinions, leading to a denial of your claim. 

An insurance company can deny your claim based on your medical records. Doing so is dismissive of the treating doctors who have been handling your care. With your lawyer’s help, you can highlight how badly your medical condition is affecting you, which could bring you closer to achieving your desired claim result.  

Saying You Have the Ability to Perform Sedentary or Light-Duty Work

You and your insurance company are in agreement that you are dealing with a medical condition that prevents you from working the same job you did in the past. On the other hand, your insurer may say you are capable of handling a sedentary or light-duty job. The business could use this as justification to deny your claim. 

In your case, your lawyer can obtain medical evidence that establishes how your disability keeps you from working. This evidence can verify that you comply with the “any occupation” definition of disability outlined in your insurance policy.

Alleging You Did Not Provide Enough Medical Evidence to Support Your Claim

The medical documentation you provide for your claim is comprehensive. In spite of this, your insurer may say that you did not include test results to validate that you are coping with a serious medical condition or other documentation you need to get your claim approved. 

An experienced long-term disability lawyer knows the requirements for receiving approval for your claim. They get medical evidence that makes it tough for an insurance company to justify a claim denial. Ideally, your lawyer collects abundant proof that gives your insurer no option but to approve your claim. 

Issues with a Claim Application

Insurers can say there are certain issues with your application, such as:

• The initial application forms you submitted are incomplete or inaccurate. 
• You missed the deadline for filing your claim.
• It found multiple issues that raised doubts about whether your benefits request should be approved.
  

These concerns can delay the approval process or lead to a wrongful denial. 

Your attorney documents everything they do as they prepare your claim. They stay in contact with you and your insurance company. If any issues come up during the application process, your lawyer resolves them.

This boosts the likelihood that there are no outstanding issues with your application and that your claim will get approved without delay. 

Citing Your Policy’s Exclusions

Your insurance policy may have exclusions that prevent you from receiving benefits if you are dealing with certain conditions. Insurance companies look carefully for exclusions as they decide whether to approve or deny claims.

For example, your plan may have an exclusion for anxiety. However, this condition may be linked to other impairments. 

A New Orleans long-term disability attorney shares FAQs and other resources relating to your policy’s terms. They gather medical records and other evidence to show that your insurance carrier should overturn their initial decision to deny your claim due to your policy’s exclusions.

Requiring Objective Evidence for Subjective Medical Symptoms

Chronic pain, fibromyalgia, fatigue, and other disabling conditions often cause subjective medical symptoms. Insurers may demand blood tests, imaging, or other objective evidence to verify that someone is dealing with these symptoms. They do so even though objective proof is typically impossible to get for many disabilities. 

Your attorney will learn about your medical condition and how it impacts your ability to work. They’ll use treatment records, clinical findings, and other evidence to defeat your insurer’s bad-faith demands.

At ERISA Insurance Claim Attorneys, we’re proud to have a track record of success. Our legal team can submit a successful appeal or lawsuit to contest a claim termination or denial.

We will safeguard your legal rights and best interests. Contact us for more information about how we can help you with your long-term disability claim. 

New Orleans Long-Term Disability Lawyer Near Me (225) 201-8311

Handling Long-Term Disability Benefits Policy Conversions and Exclusions

There are certain terms and phrases you need to consider when you read the letter that informs you of your insurance claim denial. This is because your insurance company may deny or terminate your claim because of your policy’s exclusions. 

For instance, perhaps diabetes is excluded from your policy. Regardless, you can get coverage if diabetes causes heart disease or other disabling issues your policy does cover.

Alternatively, your policy can cite “conversions,” which relate to converting your group coverage to an individual policy if you leave a job. A conversion executed improperly can cause a claim denial. 

When in doubt about what various terms and phrases in your insurance coverage mean, talk with lawyers who know all about policy provisions. Your attorney will share information about how insurers use these terms and phrases to justify their denials. They know where to look for loopholes and how to get claims covered. 

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Receive Long-Term Disability Legal Representation in New Orleans as You Go Through the Appeals Process

How you approach the appeals process is key. Follow appeal deadlines and protocols, and submit a detailed appeal letter. In addition, ask for help from New Orleans long-term disability lawyers who have experience with insurance denials. 

Your attorney will assist by:

• Collecting evidence based on your primary disability and why your claim was denied
• Retrieving statements and reports from the physicians who treated your medical condition for your appeal
• Finding and challenging inaccuracies that may have led your insurer to deny your claim
• Crafting an effective appeal letter  

It can be overwhelming to proceed with an appeal by yourself. Your lawyer remains on your side throughout the appeals process, offering skilled legal representation and helping you make informed decisions at each stage. 

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What to Expect During the Long-Term Disability Appeals Process in New Orleans

Are you unsure of what disability insurance covers or why your benefits claim was rejected? If so, you can trust long-term disability attorneys in New Orleans to provide insights into these and similar topics. They walk you through your appeal, which consists of the following steps:

Being Notified About Your Denial

Read through your denial letter with your lawyer, as this gives you information you can use to prepare your appeal. Your attorney will consider the reason your claim was denied as they search for evidence to prove that a reversal of the original decision against you is warranted. 

Submitting an Administrative Appeal

Work with your lawyer to file your appeal. Generally, you have 180 days from the date of your denial letter to appeal, and your insurance company has 45 days to respond.

Your attorney can discuss how long a disability appeal takes and keep you updated.

Filing a Lawsuit 

If your appeal is denied, you may file a lawsuit in federal court to challenge your insurer’s decision. In this scenario, the court will review your evidence and determine if you are eligible for benefits.

Missing a deadline or not providing sufficient evidence can hurt your chances of getting a reversal of your denied benefits claim. Your attorney tackles these and other issues that can come up during the appeals process. That way, they position you to get the optimal outcome as quickly as possible. 

Medical Conditions Covered Under a Long-Term Disability Policy

You could qualify for disability benefits if you are dealing with a condition that prevents you from working and earning the income you need to cover your daily expenses.

Common qualifying disabilities include:  

• Back, neck, and joint injuries and other musculoskeletal problems
• Multiple sclerosis (MS), neuropathy, Parkinson’s disease, and other neurological disorders
• Stroke, heart disease, and other cardiovascular issues
• Depression, bipolar disorder, and other psychiatric conditions
• Pain, fatigue, and other chronic conditions
• Cancer 
• Traumatic brain injury (TBI) or other cognitive impairments

Objective medical evidence makes a world of difference relative to your disability claim, as it documents how your condition hampers your ability to work. New Orleans long-term disability attorneys collect medical documentation to make it clear to an insurer that a person is coping with a disability and that their claim is valid. 

How Long Can You Receive Long-Term Disability Insurance Benefits?

Typically, there are two phases of benefit periods for group long-term disability policies. In the first phase, you may be eligible for benefits for two to five years if you cannot complete your “own occupation” job duties.

If you are approved for the second phase, you may continue to get benefits if you cannot work in “any occupation.” This depends on factors like:

• Experience 
• Education
• Functional limitations

Sometimes, policies provide benefits to people up to age 65 or when they reach retirement. The maximum amount of time you can get benefits is based on a policy’s terms. Long-term disability lawyers in New Orleans make sure you receive the benefits you are owed for as long as you qualify.

Ask for Help with Your Long-Term Disability Coverage Claim

Worries about what will happen if you go without long-term disability benefits can keep you up at night. To avoid losing sleep and get peace of mind, have a lawyer take action on your behalf. Your attorney will do everything they can to ensure your claim is approved promptly. 

At ERISA Insurance Claim Attorneys, we don’t want to be a “volume” law firm. Instead, we offer personalized services and support to our clients.

Our experienced attorneys will personally review a claim denial letter and put together a custom 5–Step Win My Benefits Plan for you immediately. Request a case consultation with us to learn more. 

Call or text (225) 201-8311 or complete a Free Case Evaluation form