America’s trusted 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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Disability Insurance Lawyers

There are no Attorney fees unless you are paid the disability benefits you are owed!

At Abell and Capitan Law, our knowledgeable and experienced attorneys help people at all stages of their disability insurance claims. Do you want to understand what your disability insurance policy means and what benefits you are entitled to? Have you recently become disabled and need help filing a claim? Have you filed a claim and been denied by your insurer? If you answered “yes” to any of these questions, allow the experienced disability insurance attorneys at Abell and Capitan Law to help.

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 in disability applications, appeals, policy buyouts and settlements, and in litigation. 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 Lawyer

When you need help with disability insurance, it is critical that you hire an attorney, especially one with experience in handling individual or group disability benefits. Not every attorney is qualified to handle 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. Because disability law is so complex, disability law firms are typically not able to successfully handle other cases. Disability cases are that complicated and demanding. Much like you wouldn’t hire a brain surgeon to perform a heart surgery, you don’t want to hire a general attorney to take on your disability case. If you are applying for individual or group disability benefits or your valid disability claim was denied, consult with the experienced disability lawyers at Abell and Capitan Law, who only take disability insurance cases.

Disability law gets especially complicated when it involves the Employee Retirement Income Security Act (ERISA), an ever-changing federal law that protects the interests of private employees enrolled in benefit plans. If you are an employer, a skilled ERISA attorney or disability lawyer can help you to better understand your group disability policy’s features, terms, limitations, and more. An ERISA attorney can also explain how your employees can use their coverage if they sustain an injury. If you are struggling financially because of a debilitating injury or illness, an ERISA lawyer or disability attorney will be able to help you successfully claim your individual or long term disability benefits.

Representing Clients Nationwide!

No money up front

No fees unless you win

Disability is all we do

How the Disability Process Works

Applications

The application process for disability insurance benefits can be challenging with endless paperwork, doctor forms, and medical records being required endlessly. 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.

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

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 national law firms whose practice is devoted entirely to the practice of disability law. During the application and appeals process, our highly skilled disability attorneys use effective legal strategies that are tailored to each client’s unique case, allowing them to meet the particular policy’s standards of disability.

Our experienced disability lawyers do not hesitate to file a lawsuit against the offending insurance company if your evidence establishing disability is rejected by them. We are not afraid to fight large insurance corporations in court if that is what it takes to get you the disability benefits you need and deserve. We’ve successfully filed suit against insurance companies many times before, and we will continue to do it again and again.

Attorney Erik Abell litigates ERISA-governed disability claims in federal courts across the U.S. He earned his B.A. from the University of Kentucky before obtaining a Juris Doctor from the Louis D. Brandeis School of Law at the University of Louisville. Joe Capitan is a member of the Pennsylvania Association for Justice, Philadelphia Bar Association, and Pennsylvania Bar Association. He was named a Pennsylvania Rising Star by Super Lawyers, a rating service of exceptional lawyers who have achieved a high level of peer recognition and professional achievement, in 2013, 2014, 2015, 2016, and 2017.

Abell and Capitan Law has three Pennsylvania offices in Newtown Square, Chadds Ford, and Philadelphia. We also have an office in Louisville, Kentucky.

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, commonly abbreviated as LTD, benefits are provided to a person by an insurance company to replace their lost wages after they have suffered an injury or illness resulting in an inability to work. LTD benefits are different from Workers’ Compensation benefits, State Disability benefits, and Social Security Disability Income benefits because they are not mandated by law nor are they provided by the government. LTD benefits are either purchased by the individual on their behalf or provided as an employment benefit.

Private insurance companies provide LTD benefits, and these companies are in business to make money. Paying out fewer LTD claims means more profit. Many LTD disability claims are, in fact, unfairly denied.

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. Large insurance companies typically have their own attorneys to guide them through an appeals process, along with their own medical personnel and claims representatives that argue their side of the appeal. An attorney can use their knowledge and skill to fight against the insurance company and their team of professionals. If the claim deals with a group policy, it is particularly important that you hire a lawyer with vast knowledge of the ERISA guidelines.

You may be able to sue your LTD insurance company if they act in bad faith and unfairly denied your disability claim. But if your insurance plan is an ERISA plan, you won’t be able to sue for punitive damages, rather just the LTD benefits that you are owed plus interest, and a portion of your LTD attorney fees.No matter if your LTD benefits are from an ERISA or non-ERISA plan, having a qualified long term disability attorney on your case will greatly improve your chances of receiving benefits.

Contact Us

The experienced 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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