America's trusted long term disability insurance lawyers.

We only work with disabled individuals and NEVER the insurance companies. Contact us today at 805-777-9044 to discuss your situation with someone on our team.

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Long Term Disability Insurance Lawyers

We work on a contingent fee basis. No attorney fee is paid to us unless we recover benefits for you!

At Abell and Capitan Law, our knowledgeable and experienced long term disability (LTD) attorneys help people at all stages of their long term disability claims. We focus our law practice on:

Have your LTD benefits been denied or terminated by an insurance company? Has your appeal been denied and your only remaining legal option is to file a lawsuit? Is the insurance company constantly requesting forms, records, and medical opinions without any end in sight? Are you being requested to attend a medical examination or an in-person interview with a representative of the insurance company? Have you been offered a lump sum settlement in lieu of the future payment of your monthly LTD benefits? Are you currently struggling to continue working due to a disability and want to understand the confusing terms of your long term disability policy? If you answered “yes” to any of these questions, please allow us the opportunity to provide you with a free legal consultation with one of our experienced long term disability lawyers at Abell and Capitan Law.

Abell and Capitan Law represents disabled individuals from all over the country. We never represent insurance companies. We are ready to fight for your best interests. To schedule a free consultation to discuss your case with our compassionate and skilled long term disability lawyers, contact us today at (267) 419-7888.

Why You Need a LTD Lawyer

When you need help with a long term disability claim, it is critical that you hire an attorney, especially one with experience in handling group long term disability benefits. Not many attorneys have experience in handling long term disability cases. Disability law is much different than personal injury law, for example. A personal injury attorney can help you file a claim against the negligent party who caused your injury, but they probably will not be much help when it comes to filing a disability insurance claim.

At Abell and Capitan Law, we focus exclusively on disability insurance cases. Our law firm’s area of practice is very narrow. Long term disability appeals and litigation are what we devote over 95% of our time and effort to as we work to maximize our clients’ chances of success. This laser-focus enables us to provide excellent legal representation to our disabled clients.

Because disability law is so complex, disability law firms are typically not able to successfully handle other cases. Disability cases can be complicated. If your LTD benefits are threatened, denied, or terminated in any way, we highly recommend that at a minimum you consult with an experienced long term disability lawyers here at Abell and Capitan Law. A disabled worker can have unique needs for legal representation at each stage of the LTD claims process. For example, please consider the following:

  • Long term disability appeals – This may be your only chance to submit evidence to the claim administrator or insurance company. If you mishandle your own appeal (through no fault of your own), you could be jeopardizing your continued benefits and the value of your claim. Experienced legal representation is crucial once the insurance company stops or discontinues payment of LTD benefits.
  • Long term disability lawsuits – It is very clear that a disabled claimant requires legal representation once his or her only remaining option is to file a lawsuit in a court of law to recover benefits.
  • Long term disability settlements – From time to time, some insurance companies will offer lump sum settlements on approved long term disability claims in lieu of future payment of benefits and release of all legal rights. These agreements are typically subject to confidentiality and require close consideration of a variety of factors before a disabled claimant voluntarily agrees to accept a lump sum payout.
  • Long term disability applications – Most often individuals file long term disability applications and go through that process without the assistance of legal counsel. However, there are situations where claimants should consider hiring a LTD lawyer from the start of this process in order to avoid potential problems and disputes that could arise.
  • Long term disability claim management – A disabled worker can have a legitimate need for legal representation on a claim already in approved status. For example, legal representation on an approved LTD claim can be advantageous when your claim is under review due to a change in the definition of disability from your own occupation to now consider “any occupation,” when the insurance company is constantly requesting updated records and opinions in a cyclical nature, when you are being asked to attend in-person medical or other investigative interviews, or when you are aware of video surveillance being conducted.

The process and stages of a long term disability claim gets especially complicated because most claims are governed by federal law – specifically, the Employee Retirement Income Security Act (ERISA). If you or a loved one is struggling financially because of a debilitating injury or illness and is receiving long term disability benefits under a group insurance contract, an ERISA lawyer will be best equipped to help you successfully obtain or recover your LTD benefits.

Representing Clients Nationwide!

No money up front

No fees unless you win

Disability is all we do

How the Long Term Disability Process Works

Applications

The application process for long term disability insurance benefits can be challenging, requiring endless paperwork, doctor forms, and medical records being. We can help.

Appeals

Once denied, the appeal process may be your only chance to submit evidence to protect your benefits. You truly need a lawyer to appeal, before a lawsuit is your only option.

Lawsuits

Applications and appeals proving disability are denied. If so, there may come a time when your only remaining option is to file a lawsuit. We sue insurance companies to recover the benefits you are owed.

Settlements

Lump sum settlements can occur at various stages of the disability claim process. We can negotiate with the insurance company on your behalf to recover the most money possible.

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Meet Our Founders

Erik Abell, Esq

Erik Abell, Esq.

Co-founding Partner

Erik is a co-founding partner of Abell and Capitan Law. He works out of the firm’s Kentucky law office and focuses his practice on long term disability, individual disability, and short term disability insurance matters.

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Joe Capitan, Esq.

Co-founding Partner

Joe is a co-founding partner of Abell and Capitan Law and manages the firm’s Philadelphia and Newtown Square, PA law offices. Joe focuses his practice on long term disability, individual disability, short term disability, and Social Security disability.

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Joe Capitan, Esq

What Clients Are Saying

Joe was referred to my by a well known and respected attorney. I hired Joe shortly thereafter , his work ethic , knowledge of the law is unparalleled. I was never in the dark about anything, he was always honest and forthright which led to very successful outcomes in my cases. I highly recommend this Attorney.

Chad

I contacted Mr. Joseph Capitan to discuss my LTD claim after my insurance company had denied my original claim. My situation required a seasoned attorney to help me with my difficult LTD case. After many months my LTD claim was reinstated. He followed my case closely and kept me informed all thru the process. He is hard working and a dedicated attorney and uses his strong expertise and professionalism to gain the desired result. His honesty with me all during this process was greatly appreciated. It is not often you find an attorney with Joe’s expertise.I would like to personally thank Mr. Joseph Capitan for working with me during the appeal process and to get my LTD reinstated after was wrongfully denied. I would highly recommend Joe for handling any disability claim.

anonymous

I was lucky to find Joe to handle my disability claim. He always takes the time to let you know where you are in the claim process and to make sure that you understand what needs to be done. When I received a denial for my disability claim, Joe told me that he believed in my case and worked hard getting me approved. I know that I couldn't have done it without him. I would definitely recommend Joseph Capitan to handle your disability claims. He is very understanding and will work hard for you.

Karen

I was looking for a lawyer to handle a complicated disability case. No one was willing to take the case but Joseph Capitan. I was concerned because he practices in PA and I live in NJ. He calmed me and said it shouldn't be a problem. And it wasn't! Not only did he settle the case, he got me more money, which took care of his bill. I paid no out of pocket expenses and my case is settled. I would definitely recommend Joseph Capitan to others.

Laura Ellen

Joe Capitan successfully represented me in a Social Security Disability case. Joe, or a member of his staff basically held my hand during the grueling two and a half year process. I have recommended him to one of my best friends

Chuck

I was looking for a lawyer to handle a complicated disability case. No one was willing to take the case but Joseph Capitan. I was concerned because he practices in PA and I live in NJ. He calmed me and said it shouldn’t be a problem. And it wasn’t! I would definitely recommend Joseph Capitan to others.

Laura

Erik was referred to me as an out of state attorney to assist me with my long term disability claim. I was very impressed with how quickly he responded to my case and concerns. He was thorough and explained everything to me. Anytime I reached out to him he responded typically within 24 hours. I am so grateful and appreciative for his assistance with my claim and I can breathe easy again knowing that he got the insurance company to pay out for my disability!

Kellene

I contacted Mr. Joseph Capitan to discuss my LTD claim after my insurance company had denied my original claim. My situation required a seasoned attorney to help me with my difficult LTD case. After many months my LTD claim was reinstated. He followed my case closely and kept me informed all thru the process. He is hard working and a dedicated attorney and uses his strong expertise and professionalism to gain the desired result. His honesty with me all during this process was greatly appreciated. It is not often you find an attorney with Joe’s expertise. I would like to personally thank Mr. Joseph Capitan for working with me during the appeal process and to get my LTD reinstated after was wrongfully denied. I would highly recommend Joe for handling any disability claim.

Anonymous

After searching for a lawyer to take my case, I found Erik, and am so happy that I did! He was very easy to talk to and made a professional relationship with me. He does what he says he will do, gives sound legal advice, with easy to understand language, his knowledgeability of the law was outstanding. It was a pleasure working with him to win my case! I would refer anyone to him that needs a great lawyer on their side.

Debra

Joe Capitan successfully represented me in a Social Security Disability case. Joe, or a member of his staff basically held my hand during the grueling two and a half year process. I have recommended him to one of my best friends.

Chuck

Why Choose Us

Long term disability lawyers Erik Abell and Joe Capitan founded Abell and Capitan Law with the goal of offering the best legal representation to clients who face challenges after their disability insurance claims have been either wrongfully denied or terminated. We are among the few law firms whose practice is devoted entirely to the practice of long term disability benefits. Most of our clients come to us facing extreme challenges – they are unable to work, they have disabling medical issues, and one of their only remaining sources of income has been stopped, sometimes without any warning. During the appeals process, our highly skilled disability attorneys use effective evidence-based legal strategies that are tailored to each client’s unique case with the goal of satisfying the particular policy’s standards of disability.

We are not afraid to go toe-to-toe with billion dollar insurance companies to best protect our clients interests where the medical, vocational and testimonial evidence supports disability under the terms of the LTD policy. We’ve successfully resolved many disputed claims for our clients, and we will continue to do it again and again.

Our law firm works on a contingent fee basis – meaning, no attorney fee is paid unless we recover payment of your long term disability benefits. We do not require any money up front. We do not charge hourly rates. We offer free legal consultations so that we can help you evaluate your claim and need for legal representation without any financial commitments to our law firm.

Abell and Capitan Law has office locations in Louisville, Kentucky and in Pennsylvania with offices in Newtown Square, Chadds Ford, and Philadelphia. In many situations, we can represent disabled individuals that live out-of-state.

We take great pride in helping good, hard-working people.

Cases We Handle

Abell and Capitan Law handles long term disability benefits claims for clients from start to finish. The types of cases we handle for clients include:

Shaking Hands

We work on a contingent fee basis, which means you don’t owe us anything unless we recover disability benefits for you.

12

month pre-existing condition period

180

days to file an appeal

30

days to provide proof of loss

65

years old is maximum duration

Frequently Asked Questions (FAQs) About Disability Cases

At Abell and Capitan Law, we protect insurance policyholders from the unfair treatment of their insurers. We understand that getting disability insurance is critical to the physical, mental, and financial well-being of many Americans. We take pride in helping everyday people stand up to the large insurance corporations so they can receive the benefits they need. Below are some questions we often get asked from clients. While this information isn’t legal advice, we are confident you will find it useful and relevant to your case. If you have any questions about your specific case, feel free to call our office at (267) 419-7888 to schedule a free, no-obligation consultation.

Long term disability (LTD) benefits are most often provided to a person through an employer’s group disability insurance plan or policy to protect against wage loss should the insured person suffer an injury or illness that leaves him or her unable to work. LTD benefits are different from workers’ compensation benefits, temporary or short term disability benefits offered by a handful of states, and Social Security disability income benefits. LTD benefits are most often administered and insured by private insurance companies.

Yes. Private insurance companies are profit driven businesses that handle a large volume of claims across multiple offices and home-based representatives and medical reviewers scattered across the country. There are many circumstances in which LTD claims are, in fact, wrongfully denied or terminated. We know this because our law firm experiences a great deal of success in overturning the wrong and unreasonable denials and terminations of LTD benefits with many insurance companies on a regular basis. While we cannot guarantee results, we do work hard to obtain the best results in each case with respect to the unique set of facts and challenges that each claim may present. In short, wrongful denials or terminations are quite common but success in the appeal of these determinations is much more likely with the help of an experienced LTD lawyer.

The first step is to contact the party who sold you or your company the insurance policy. The insurer will provide the claims forms you will need to fill out. An experienced disability lawyer can help you in properly completing the complicated forms and can prevent a denial based on incomplete information.

It’s highly recommended that you at least speak with a disability attorney before even applying for LTD benefits. An LTD claim is handled on the basis of a legal contract between the LTD insurance company and the policyholder. Consulting with a skilled disability lawyer will allow you to better understand the terms and provisions of your policy. Having legal representation early on will also show your insurer that your claim should receive fair and proper consideration.

It is essential that you hire an attorney to level the playing field during the appeals process. As we will communicate to each client we consult with once faced with a wrongful denial or termination of benefits, “Even if you do not hire our law firm, we strongly encourage you to hire an experienced long term disability attorney. We do not advise that you handle this appeal on your own without legal representation.” Large insurance companies will advise you over the phone to “just write a letter and we will give everything a second look.” This is the worst advice you could possibly follow and will likely result in a denial of your appeal if that is all that you do in response to the insurance company’s termination of your claim. The disabled worker is facing an uphill battle against an insurance company with seemingly unlimited resources and a multitude of internal and external medical consultants who are very willing to provide opinions about what an individual can or cannot do without ever seeing the person or conducting an in-person examination. Do not be misled, the stakes are high. The experienced LTD attorneys at Abell and Capitan Law use their knowledge to develop custom appeal and claim strategies to best protect your rights and the value of your LTD policy. So should you hire an attorney? Yes. Our legal consultations are free.

With regard to most group long term disability policies, and in most situations, you may be able to sue your LTD insurance company if they have wrongfully and unreasonably denied your claim and you have exhausted your mandatory levels of appeal.

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The experienced long-term disability attorneys at Abell and Capitan Law know how to develop the evidence needed to put your case in the best light possible. We will comply with all the required deadlines, negotiate with the insurance company on your behalf, and file a lawsuit if necessary. Insurers prefer to work with people bringing claims without an attorney, because it makes the claims easier to deny and without proper justification. This simple fact illustrates how important it is to get legal representation when filing a disability claim.

The experienced disability attorneys at Abell and Capitan Law are here to help. We offer free consultations on all individual and group disability insurance matters. To discuss your case with a lawyer during a free and confidential consultation, contact us today at (267) 419-7888.

We’ve fought the big insurance companies.
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