Long Term Disability Insurance Lawyers

If you’re suffering from an injury or illness that prevents you from working, priority No. 1 is pursuing a claim for disability benefits. If you contact your disability insurance carrier, they may simply tell you to file a claim. However, filing a successful long term disability (LTD) claim is hardly a simple process. The benefits application process can be challenging; many pitfalls could delay your claim or even cause your claim to be denied.

Abell and Capitan Law is a national law firm that is focused exclusively on disability law. We work on a contingency fee basis, which means you don’t pay any attorneys’ fees unless you receive benefits. Our team knows the process thoroughly and has worked with all the long term disability insurance carriers. We understand how important it is to submit the proper paperwork, supported by the necessary documentation, and filed in accordance with applicable deadlines.

If your claim is denied for any reason, we go through the appeals process with you. If your appeal is denied, we can sue the insurance carrier on your behalf so that you get justice. We also negotiate lump sum settlement when appropriate. Keep in mind that we do not get paid until you get paid, so we never stop fighting for you. If you need legal representation for a long term disability claim, contact us today at (267) 419-7888 or via our website response form. We develop custom appeal and claim strategies unique to your case, because each disabled person’s medical condition and work experience are different, as are the insurance coverage and claims process.

Why You Need a Lawyer To Help With Your LTD Claim

Simply put, disability insurance carriers do not make it easy to access benefits. This is the primary reason you should hire Abell and Capitan Law to guide you through the entire complex claims process. Insurers have a claim filing system that must be adhered to even with the smallest detail. They require pages and pages of documentation, medical records, and other filings that, too, must be precisely prepared and filed on time.

It’s bad enough that you probably came to the long term disability claims process due to a catastrophic accident or debilitating illness. Disability insurance carriers don’t care and are quite demanding that you complete and file all the paperwork the way they require. It’s a complicated process to navigate successfully, particularly for the first time. That’s just the way the insurance companies want it. Rest assured that Abell and Capitan Law has a track record of successfully representing disabled individuals battling the big insurance companies.

If your long term disability is denied (or terminated), we will handle the appeal with the insurer. This is one area where a long term disability lawyer is necessary.

Appeals are highly legalistic events where each phrase, objection, and exhibit, it seems, has a precise and predetermined meaning. If you are not intimately familiar with all of it, especially the gamesmanship involved, your appeal could be denied.

If you should lose your appeal, a long term disability insurance lawyer can take the disability insurance carrier to court if that is your only remaining option.

Why Choose Us? 

Disability insurance claims are our entire practice. Co-founders Erik Abell and Joe Capitan have focused their professional lives on helping people just like you get a fair hearing and a successful outcome from disability insurance carriers. We are known throughout the industry as highly skilled disability insurance lawyers; Joe Capitan, for example, was recognized by Super Lawyers, an attorney rating system, as the top employee benefits attorney in Philadelphia

Cases We Handle

The Employee Retirement Income Security Act of 1974, or ERISA, is the federal law that sets up the standards for voluntary group benefits plans. If your disability insurance coverage is an employer-based plan, it is probably governed by ERISA, a complex law with some essential and unique features. The law requires that all participants go through a required administrative appeals process before they can file a lawsuit. There are also confusing, overlapping time limits that govern the claims process, including deadlines for when participants can file a lawsuit. This can result in a situation where you the statute of limitations may kick in even before your claim is denied. Most ERISA litigation is before a judge, who typically only reviews evidence gathered during the mandatory administrative review process. There are other strict legal limitations to the litigation of ERISA claims.

Abell and Capitan Law has built our law practice around handling ERISA claims. We know the importance of managing the internal administrative process correctly if your application has been denied. We know when the insurance carrier is not following the ERISA rules. Plus, we know how to use the administrative review process to your advantage. We have the resources and strategy that few disability law practices have available to them.

Cigna Group is a long term disability insurance carrier that many companies use to cover their employees. Cigna is based in Philadelphia, which is our firm’s backyard. Given this geographical advantage, Abell and Capitan Law is positioned to handle Cigna disability claims wherever they originate through the administrative appeals process and, if necessary, litigation in federal court.

As with ERISA, Cigna disability claims pose unique features with which we have a wealth of experience. Cigna claims a most likely to be denied over the lack of adequate medical evidence of disability. Cigna’s standards for medical evidence are “objective,” meaning there must be a diagnostic test or physician’s statement that the disability exists and impedes the claimant’s ability to work. This is problematic because it doesn’t take into consideration, for example, severe pain due to an accident or another medical condition that is necessarily subjective. Only Cigna requires the objective evidence standard.

Cigna (or other insurers) may terminate a claimant’s eligibility to receive benefits after 24 months when the claimant is unable to do the same job as before the accident or medical condition occurred, but is capable, in Cigna’s view, of working in another occupation.

Cigna also has a strict pre-existing condition provision in its benefit plans, but Abell and Capitan Law has been successful in challenging this provision many times.

This is just skimming the surface of the long term disability claims process and why you need an experienced advocate to guide you through it. It is a very complex area of law, but if you have a disabling condition or illness, we want to talk to you. Call us today at (267) 419-7888 to schedule a consultation.

Frequently Asked Questions (FAQs)

At Abell and Capitan Law, we get a lot of questions from clients regarding their disability claims. Below are some of the most commonly asked questions. We hope that you find our answers to these questions helpful. If you have any questions about your particular case, don’t hesitate to reach out to us any time at (267) 419-7888.

We only handle long term disability insurance claims on a contingency basis. If we take your case, we will stand with you through the entire process, including filing your claim, mandatory administrative review and or appeal, negotiations, and litigation. We only paid if you get paid. And there are no other fees or expenses that we will bill you for.

If your appeals process, called a mandatory administrative process in the ERISA framework, is not successful, you can always file a lawsuit against your disability insurance carrier. But if your appeal is mishandled or you miss a critical filing deadline, you may automatically lose your right to sue.

We do not advise that anyone undertake the claims filing process without professional, experienced help right from the start. The claim is often the only opportunity to introduce certain kinds of evidence, such as medical records, information about the nature of the accident or medical condition underpinning the claim, and many other crucial details. Perhaps even more importantly, the insurance company will pounce on any mistakes you make in filing your claim, any missed deadline, or improperly drafted paperwork, to deny the claim.

Contact Abell and Capitan Law for an LTD Consultation Today

There are seldom “do-overs” in disability claims. That’s why it is so important to hire an experienced lawyer, one with a legacy of success in long term disability claims, to be your advocate in a difficult and very complex process. A lot is riding on your claim, like your quality of life and your family’s future. Call Abell and Capitan Law today at (267) 419-7888 or fill out our online contact form, and we will get the ball rolling. We have the legal experience and know-how to maximize your chances to be paid long term disability benefits, preferably without a court battle.

We’ve fought the big insurance companies.
Call, chat, or email us today to get started.