Baton Rouge Short-Term Disability Lawyer

If your short-term disability insurance claim was denied, you might be worried about how you'll support yourself while you deal with your condition.

At a time like this, you need an experienced lawyer who can fight for the benefits you're owed. At ERISA Insurance Claim Attorneys, we have over 30 years of experience handling cases like yours.

Our attorney, Price McNamara, worked as an insurance company lawyer early in his career and saw firsthand how insurance companies work behind the scenes to deny valid claims. Now, our Baton Rouge short-term disability lawyer can use his insider knowledge to help you get the benefits you deserve after a claim denial.

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Why You Need a Baton Rouge Short-Term Disability Lawyer

Dealing with a disability is hard enough without having to fight your insurance company for benefits. Hiring an experienced Baton Rouge short-term disability attorney levels the playing field against big insurers who will use any loophole to avoid paying claims.

Insurance policies are complex legal contracts. They have fine print that most people cannot fully understand. Our highly experienced team knows exactly how to interpret these policies and identify when an insurer has wrongfully denied a legitimate claim.

We will also handle the entire appeals process, including gathering strong medical evidence, filing paperwork properly and on time, negotiating with the insurance company, and representing you in court if needed. With our firm managing your case, you can focus on your health and have peace of mind knowing your claim is in good hands.

Contingency Fees for Short-Term Disability Appeals

Our short-term disability attorney in Baton Rouge takes cases like yours on a contingency basis. This means you pay no upfront costs or attorney fees. We only get paid if we win your case and recover your short-term disability benefits, with our fees as a percentage of the amount recovered.

Contingency fee arrangements make hiring an experienced ERISA disability lawyer affordable for anyone, regardless of your current financial situation. You pay nothing out of pocket to get top-notch legal representation.

Common Reasons for Short-Term Disability Denials

Insurance companies are for-profit businesses, so they have a financial incentive to deny as many claims as possible. Our short-term disability lawyer in Baton Rouge has handled countless cases like yours and can help you pursue a favorable outcome if your claim is denied. Some of the most common reasons given for denying short-term disability benefits include:

Lack of Objective Medical Evidence

Insurance companies often deny claims due to an alleged "lack of objective medical evidence" to support a person's disability. They may argue that diagnostic tests, imaging scans, lab results, and other records do not conclusively prove the person cannot work.

However, many disabling conditions like fibromyalgia, chronic fatigue, and mental health issues do not always show up clearly on tests. Our team can package all available evidence, including physician records documenting symptoms and limitations, to make a strong case.

Pre-Existing Condition Exclusions

Disability policies commonly include pre-existing condition exclusions that allow insurers to deny claims related to a condition you had before the coverage effective date, even if you were not treated for it previously. We can review your medical records, compare them to policy language, and fight back against improper use of the pre-existing condition exclusion.

Policy Limits on Mental Health/Subjective Disorders

Many disability policies limit how long they will pay benefits for mental health conditions or disorders without clearly observable symptoms, like chronic pain or fatigue.

An insurer may argue your condition falls under these limits to cut off benefits early. An attorney can argue for your full benefits by highlighting the physical aspects and providing evidence the condition is not simply mental or subjective.

Missed Deadlines for Filing or Appealing

Disability claims have strict deadlines for initial filing, as well as filing appeals after a denial. If you miss these deadlines, your claim can be barred entirely. Fortunately, our short-term disability attorneys in Baton Rouge will meet all time limits and file all appeal paperwork properly.

Procedural Errors or Omissions in Claim Forms

Even minor errors in your claim forms can lead to denials by insurers who are looking for any reason to refuse to pay benefits. Having your case handled by an attorney greatly reduces procedural mistakes that can derail your claim from the start.

Disputes Over Disability Definitions or Doctor Opinions

There may be disagreements over whether your specific condition meets the policy's definition of a covered disability or whether your physician's opinion on your restrictions differs from the insurance company's consultants. We understand how to argue these issues effectively and will consult additional experts if needed.

Insurance Company Doctor Disagreeing With Your Doctors

Insurers routinely have their own doctors review claims and dispute findings from your treating physicians. However, courts often defer to the opinions of doctors providing hands-on treatment versus an insurer's reviewing staff. Our firm can maximize this advantage.

No matter what reason your insurer gave for denial, we have the strategies for overcoming these obstacles and recovering the benefits you deserve.

Don't Give Up After an Initial Denial

One of the biggest mistakes people make is giving up after their initial short-term disability claim is denied. In many cases, an appeal with the proper evidence and legal arguments can overturn the insurer's decision.

Our Baton Rouge short-term disability lawyers have experience getting claim denials overturned through appeals and lawsuits against major insurance companies.

We often get calls from people who were approved initially but then had their benefits terminated prematurely when the insurer decided they should return to work.

The complicated appeals process contains strict deadlines and procedures that you must follow precisely. An experienced short-term disability attorney from Baton Rouge can give you the best chance at a successful outcome.

Other Types of Cases a Baton Rouge Short-Term Disability Lawyer Can Take On

Since 1995, our team has handled cases like yours and won life-changing results for those who needed it the most. We have extensive experience handling a wide variety of cases and can apply our knowledge to your situation, no matter how complicated. 

Depending on the details of your case, it will fall into one of the following categories that we handle. 

• Baton Rouge ERISA lawyer: If your benefits dispute is based on insurance issued as part of an employee benefits plan, complex federal ERISA law will likely apply. We specialize in these claims, and canl advocate on your behalf and pursue a fair outcome.
• Baton Rouge long-term disability lawyer: We'll help you secure the benefits you're entitled to after an illness or injury. We handle denied claims, appeals, and insurance company disputes, ensuring you receive the financial support you need under your insurance policy or Employee Retirement Income Security Act (ERISA) protections.
• Baton Rouge disability appeal lawyer: We'll fight for you when your disability claim is denied. We can gather evidence, handle paperwork, and challenge insurance companies and other parties to secure the benefits you deserve, ensuring you have financial support during this challenging time.
• Accidental death and dismemberment insurance claim lawyer: An accidental death and dismemberment insurance claim lawyer from our team will help you secure the benefits you're owed after a tragic loss or severe injury. We can challenge denied claims, handle appeals, and fight insurance companies to ensure you receive full compensation.
• Bad faith insurance claim lawyer: Our attorneys can fight for you when an insurance company unfairly denies, delays, or underpays your claim. We hold insurers accountable, challenge wrongful tactics, and work to secure the full compensation you're entitled to under your policy.

Frequently Asked Questions

How Long Does a Short-Term Disability Appeal Take?

The appeals process for short-term disability claims can take several months from the time the appeal is initially filed. Strict deadlines must be followed. The insurance company will conduct its own review.

An experienced lawyer from our team will work to move your appeal along as quickly as possible, but these cases do take time. The length can vary based on the specific circumstances and complexity of your case.

What Medical Records Do I Need for My Appeal?

Your lawyer will need access to all relevant medical records from every physician treating you for your disabling condition(s). This includes:

• Office visit notes
• Test results
• Imaging scans
• Physician correspondence
• Anything else pertaining to your impairments.

It's also helpful to track your symptoms and limitations in a daily log. More objective medical evidence gives your case a stronger foundation.

Do I Have to Be Completely Bedridden to Qualify For Benefits?

No. Total disability or confinement to bed is generally not required for short-term disability benefits. Qualifying policies define disability as being unable to perform the primary duties of your own occupation, or sometimes any occupation, due to sickness or injury. Your lawyer will look at your specific policy language and medical evidence.

Should I Apply for Social Security Disability, Too?

Your disability lawyer can advise if applying for Social Security benefits is recommended for your particular situation.

Getting approved for SSD benefits can strengthen your case for private short-term disability by showing that an independent government agency deemed you disabled. However, the definition of disability differs, so an SSD approval or denial does not automatically impact your private policy claim.

What Happens If My Claim Goes To Court?

Most short-term disability appeals get resolved through the internal appeals process before going to federal court. However, if the insurance company still does not pay after an appeal, your attorney may need to file a lawsuit under ERISA.

Court cases follow a standard legal process of motions, discovery, settlement conferences, and potentially a trial before a judge to present evidence and arguments.

How Much Does It Cost to Hire a Short-Term Disability Lawyer?

Our highly experienced Baton Rouge short-term disability attorneys take cases on a contingency fee basis. This means you pay no upfront costs or hourly fees.

The lawyer only gets paid if they win your case, taking a percentage of the back and future benefits they recover. Contingency fees make excellent legal representation affordable for anyone.

Can My Disability Claim Be Denied for Taking Medication?

It depends on the specific language in your policy, but in general, no. Taking prescribed medication for your disabling condition should not alone allow the insurance company to deny your claim.

However, insurers may try to argue that if your condition is well-managed by medication, you should be working. Having medical evidence of your continued symptoms and limitations is important.

What If I Am Denied for Having A "Subjective" Condition?

Many policies try to limit or deny coverage for conditions without objective test results, like chronic pain, fatigue, and mental health issues, by deeming them subjective.

An experienced lawyer knows how to counter this by combining all evidence - physician notes, opinion statements, description of symptoms, outside job descriptions, etc. to create an objective picture of your disability.

How Far Back Will My Benefits Be Paid If Approved?

If your initial denial is overturned on appeal, you should receive disability benefits retroactive back to the date you were originally entitled to them. This can be a substantial lump sum payment, depending on how long your claim was improperly denied. Your lawyer will ensure you get all the benefits owed.

Does My Employer Have Any Role in an ERISA Disability Appeal?

No. The disability appeal is solely between you, your lawyer, and the private insurance company.

Your employer does not get involved. The insurance company both funds and administers the disability plan. However, your lawyer may need some basic job description information from your employer to document you cannot perform your occupational duties due to disability.

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Schedule a Free Consultation With a Trusted Short-Term Disability Lawyer

If you need assistance with a short-term or long-term disability claim in Baton Rouge or anywhere in the U.S., contact ERISA Insurance Claim Attorneys for a free consultation. Our decades of experience and exclusive focus on ERISA disability law make us uniquely qualified to handle your appeal.

Don't take on the insurance company alone. Level the playing field with the help of an experienced Baton Rouge short-term disability lawyer. No matter how complicated your case is, we'll work tirelessly to get the benefits you need to move forward with your life.