Give the burden to us. Regain your peace of mind.
We’ll take it from here. Call now.

Free Case Consultation
Search

Long Term Disability Eligibility

The Next Steps Are Critical. As A Former Insurance Company Attorney/insider, I’ll Personally Guide You Through Those Steps And Around Common Pitfalls

Before You Hire Any Attorney, Let Me At Least Do This For You (Free Of Charge):

  • 1 Review Your Denial Letter;
  • 2 Discuss the denial and insurance company tactics in your case with you by phone; and
  • 3 Give you a written step-by-step plan to fight your denial.

Call me or fill out the contact form to get started today.

You can use the plan continue your fight alone, or share it with any other attorney you wish.

Or if you decide you want me to fight for you, no office visit is needed, and you pay nothing – no fee, no costs -- unless we recover.

Listen About Long Term Disability

Long Term Disability Eligibility

ERISA is a federal law that provides employees with various protections of their long term disability benefits. These benefits are highly important and if a person is unable to work for an extended period, their long term disability benefits should provide them with a portion of their salary (usually 50 to 80 percent) until they are able to return to work.

ERISA long term disability usually begins to kick in after short-term disability runs out, but unfortunately, insurers do have the right to deny a claim for long term disability. This can be frustrating to claimants, who need their benefits to survive. To understand how to avoid this or fight a denial it may be important to understand the common reasons for ERISA long term disability insurance denial.

Insufficient Medical Evidence

A policy-carrier can deny a long term disability claim for a variety of reasons, but one of the most common reasons for ERISA long term disability insurance denial is insufficient medical evidence. During the claims process, injured and ill workers will need to submit documents from a medical professional to prove they are actually unable to work. Unfortunately, this does not always work and even with medical documentation an insurer can deny a claim.

Many insurers have their own team of doctors, nurses, and other medical professionals they consult with before deciding on a claim. These medical professionals do not have any actual interaction with the claimant and, since they work for the insurance company, they have a vested interest in denying the claim.

Incorrect ERISA Long Term Disability Insurance Filing Procedures

The claims process is complex and fully understanding it is nearly impossible without a legal background. Unfortunately, insurers are aware of this and often use the complexity to their advantage. Since even the smallest mistake can disqualify a person and cause them to lose benefits, it is necessary for claimants to file properly and in a timely manner.

Insurance companies can also deny a claim if they do not receive the right materials. Claimants are responsible for submitting multiple documents to the insurance company and these documents are often lost or misplaced by personnel, which can also lead to a denial. To ensure they receive the benefits they are entitled to, many policyholders work with an attorney who can help them through the application process.

How Can an Attorney Help?

A claim denial can be angering and emotionally devastating. However, claimants do have the right to file an appeal, and if they do not agree with the outcome of the appeal, have a right to take legal action against the carrier of the policy. During an appeal, a lawyer may be able to help by:

  • Carefully examining the argument of the insurance company for any holes or contradictions
  • Evaluating the criteria used by the company to approve or deny claimants
  • Obtaining additional medical testimony from prominent physicians, nurses, or psychologists
  • Examining if the insurer acted in bad faith

Fighting back against a large company is always hard, but with help from an attorney, it may be possible for a claimant to prove their case and get the benefits they need.

There Are Many Common Reasons for ERISA Long Term Disability Insurance Denial

There are numerous common reasons for ERISA long term disability insurance denial and they all prevent honest people from accessing the benefits they need to thrive and recover. Despite the high number of denials issued by insurers, it is possible to fight back after a denial.

Call an attorney to learn how. A compassionate attorney can help you thoroughly review your claim to either avoid a denial or help to understand the reasons behind a denial. Call to set up a free consultation.

Our Client Testimonials

Contact Us Today

Complete the confidential form below for a free, no obligation case evaluation and we’ll tell you how we can help.
You may also call us at the number below.  J. Price McNamara and his legal support team are focused on building a strong case for you.

  • This field is for validation purposes and should be left unchanged.

Three Office Locations

Baton Rouge Office

10455 Jefferson Hwy,
Suite 2B
Baton Rouge, LA 70809
Phone: (225) 201-8311
Fax: (225) 201-8313
(By Appointment)

New Orleans Office

4141 Veterans Memorial Blvd.
Suite 212
Metairie, LA 70002
Phone: (504) 458-8455
Fax: (225) 201-8313
(By Appointment)

Houston Office

363 N Sam Houston Pkwy E
Ste 1100 PMB, #114
Houston, TX 77060
Phone: (713) 439-0339
Fax: (225) 201-8313
(By Appointment)

Attorney Advertising. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Testimonials are not a guarantee, warranty, or prediction of the outcome of your case. By providing certain contact information herein, you are expressly authorizing the recipient of this message to contact you via the methods of communication provided.

Nuvew | Copyright 2019. All Rights Reserved

Call Now Button