Have you or a loved one stopped receiving long term disability benefits? Did you recently become disabled and are unsure how to file a claim with your insurance company? Was your claim wrongly denied? If the answer to any of these questions is yes, you should contact a Chadds Ford long term disability lawyer today.
Disability insurance law is highly complicated. The complex and legalistic nature of the claim application process results in many people making mistakes when filling out claims applications. Mistakes can result in denied claims and appeals. Additionally, insurance companies are incentivized to find any reason to reduce or deny claims.
Hiring a lawyer at the beginning of your claims process gives you the best chance of maximizing your benefits. At Capitan Law, we understand how devastating a disability can be, and we’re proud to help our clients receive their disability insurance benefits. Call us today at (267) 419-7888 for a free consultation. You can give us an idea of your situation, and we’ll start to lay out your legal options.
Why Should I Hire a Lawyer?
Most people who have disability insurance get it through their employer. If an individual is self-employed or feels that the disability insurance offered by their employer is insufficient, they may opt to buy private disability insurance. If you get your disability insurance through your employer, it is subject to a federal law known as the Employee Retirement Income Security Act.
This law was designed to protect employees and their disability insurance, but in reality, it has made it more difficult for employees to access their benefits. Courts have interpreted ERISA in a way that prioritizes the interests of powerful insurance companies over individuals. ERISA mandates a set of strict and confusing deadlines that many employees struggle to follow, resulting in the denial of benefits. Hiring a lawyer who specializes in disability insurance law and ERISA helps ensure that your claim fully meets all ERISA requirements.
You should never accept payment from an insurance company without first consulting a lawyer. Insurance companies sometimes offer their policyholders a one-time settlement in exchange for the policyholder canceling their claim. Insurance companies may assume that you are unfamiliar with disability insurance law and offer you a low-ball settlement. Once you accept a settlement, you forfeit your right to any future payment from the insurance company.
Even if you find out that your policy entitled you to more money, you will be unable to pursue legal action against the insurance company. Depending on the situation, taking a settlement can sometimes be the right choice, but consulting a lawyer will give you peace of mind that you’re getting the best deal possible.
Why Should I Hire Capitan Law?
Capitan Law is one of the few national law firms that exclusively handles disability insurance cases. Usually, law firms that take on disability insurance cases are also handling a wide array of other cases, such as personal injury, product liability, and Social Security. Disability insurance law is a highly technical field that requires specific knowledge of the system and skill to prove disability claims. Our particular focus on disability insurance law makes us uniquely equipped to give you the best representation possible.
We understand that you may be worried about the cost of hiring legal representation. Rest assured, at Capitan Law, we only get paid if you win your case. We operate on a contingency-fee-basis, which means we won’t get paid until we secure benefits for you. We will not charge any fees for our services along the way.
We also offer a 100% free consultation. You can tell us about your situation and ask any questions, and we will give you an idea of your options.
What Is Long-Term Disability Insurance?
Long-term disability insurance benefits help replace your wages in case you become disabled and incapable of working. Most insurance plan benefits give you 50-80% of your pre-disability wage for a length of time that depends on your policy.
Long term disability insurance usually starts after short term coverage ends, usually around 10-52 weeks after a qualifying event. These insurance benefits will replace a portion of your wages if your condition leaves you unable to work for a long period of time. Long term insurance policies usually provide benefits for two, five, or ten years, or until retirement.
How Will Capitan Law Help Me With My Claim?
The benefits you’re entitled to will depend on your condition and the terms of your insurance policy. Our experienced long term disability attorneys can help assist you with:
Application Assistance
If you recently suffered a disabling injury (insurance companies will refer to this as a “qualifying event”), you need to start working on your claim. This might seem straightforward, but applications and instructions may be written in confusing legalese, and a variety of deadlines can make it difficult to submit a claim correctly. A lawyer will help you submit the application and ensure that everything is in order.
Appealing a Denied Claim
Insurance companies find any reason possible to deny your claim in order to avoid paying you benefits. It may be difficult to understand why your claim was denied, as the reasoning may be vague, complicated, or non-existent. A lawyer will help determine why your claim was denied, and formulate a legal strategy for making an appeal. Policyholders are almost always eligible to appeal a denied claim.
Appealing a Terminated Benefit
If you rely on long term disability benefits to survive, the sudden loss of benefits can be terrifying. A lawyer will find out exactly why your benefits were terminated and help you regain access to your benefits. Generally, insurance companies may decide to terminate benefits if they determine that you are able to return to work. For example, if the company concludes that your disability has medically improved, they may terminate your benefits.
Your insurance company may terminate long term disability benefits after a certain period of time, depending on whether you have “own-occupation” or “any occupation” coverage.
- If you have own-occupation coverage, that means that you will receive disability benefits if your disability prevents you from working the job that you had at the time of the disabling injury. For example, if a firefighter sustained an injury that made it impossible to lift more than twenty pounds, they would no longer be able to do their job. If they had own-occupation disability insurance, they should be fully eligible for these benefits.
- If you have any-occupation coverage, you will receive benefits if your disability prevents you from working any job for which you are reasonably qualified. If the aforementioned firefighter only had any-occupation coverage, they may not be entitled to benefits because they could theoretically find work in another sector that is less strenuous, like being a cashier or clerk.
Insurance companies may try to deny coverage by arguing that your injury does not prevent you from working any job. They may try to minimize the severity of your disability or argue that you could find work in a sector for which, in reality, you are not qualified for.
Own-occupation insurance policies are usually much more expensive than any-occupation policies. This is because disabilities that prevent an individual from doing their specific job are much more common than disabilities that prevent them from doing any job.
Many long term disability insurance plans cover own-occupation benefits for a certain amount of time and then switch to any-occupation benefits. Insurance companies may simply terminate your benefits instead of finding out if you qualify for any-occupation coverage.
Contact A Chadds Ford Long Term Disability Insurance Lawyer
At Capitan Law, we understand how stressful and overwhelming a disability can be. Many of our clients are struggling to handle the impact of their disability on their work, personal life, and finances. You shouldn’t have to deal with the added burden of navigating the complicated world of disability insurance law.
At Capitan Law, our Chadds Ford long term disability insurance attorneys are passionate about helping our clients through this difficult time. We understand that money may not be able to heal your disability, but it can help give you peace of mind about your finances as you adjust to a different lifestyle.
We would like to hear about your situation. Please give us a call today at (267) 419-7888 to schedule a 100% free consultation.
