New Jersey Disability Insurance Claims
If you have recently become disabled and are feeling frustrated or confused while trying to file a disability insurance claim, or you need help making sense of the benefits you are entitled to, working with an attorney is crucial. If you are unable to work due to a non-work-related injury, getting disability benefits is critical. Insurance companies do not make it easy for you to get the benefits you deserve. There are endless paperwork, documentation, and regulations that must be completed and followed. While you are dealing with the stress of recovering from your injury and from being out of work, the last thing you want to focus on is battling your insurance company.
At Abell and Capitan Law we will take on the insurance battle for you. Our firm never works with insurance companies and only represents disabled individuals. Our in-depth knowledge of disability law along with our resources as a nationwide firm, allow us to take on even the most prominent insurance carriers. We have a track record of success and are passionate about helping those who are disabled here in New Jersey get access to the disability benefits they are entitled to.
Why You Need a Lawyer?
Disability law is intricate and unique. Not only is it in your best interest to work with an attorney, but you also want to make sure you are working with a firm that focuses on disability law specifically. Here in New Jersey, most employers are required to carry their own short term disability insurance plan or contribute to a state-run program.
This means you may have to deal with either the state government or a private insurance company in order to receive disability benefits. In either case, it can be a painstaking process that requires cutting through a lot of red tape. If a disability prevents you from working, insurance companies offer very little help or guidance. Whether you are out of work for the short or long term, insurance companies may be incentivized to minimize or deny you benefits.
Working with an experienced firm can allow you to recover the disability benefits you are entitled to. Whether you need short term benefits through a private provider or the state, or long term benefits, an attorney can help guide you.
Your benefits may be denied, you may have an employer trying to force you back to work, or you may be dealing with seemingly endless rounds of providing medical records and filling out paperwork. If this is the case, you will need a strong legal advocate.
Why Choose Us?
At Abell and Capitan Law, disability insurance claims are our sole focus. Disability law is complex and cannot be successfully taken on by a general practice attorney. If you have been injured in a non-work related incident and cannot work, disability benefits can keep you financially afloat while you recover. If you are preparing to file a claim, filing an appeal, or considering a lawsuit here in New Jersey, you need our services.
There is no bad time to consult an attorney during the process of recovering disability benefits and we can help you no matter what stage you are at. While your weekly benefits may vary based on your income and other factors, our deep knowledge of the unique and complex laws that govern disability coverage here in New Jersey and can help you maximize the benefits you recover.
Our firm is widely recognized for its success. As a national firm, we have ample resources to go toe-to-toe with the big insurance companies and their teams of lawyers.
Our founding partners Erik Abell and Joe Capitan have become leaders in disability law nationwide. Capitan practices out of Pennsylvania and was recently named one of Super Lawyers Rising Stars of 2019. This honor was given by Super Lawyers, a national service rating attorneys in over 70 practice areas. Only 2.5% of Pennsylvania lawyers under the age of 40 were named to their Rising Stars list, recognizing Capitan as elite for his service and skill.
Our firm will work tirelessly on your behalf to recover the benefits you need to care for you and your loved ones.
Cases We Handle
Short term disability insurance claims
The state of New Jersey is one of five states that require employers to carry short term disability insurance or contribute to a state-run program. Recovering benefits from a state program can be difficult. There can be seemingly endless hoops to jump through and many obstacles to getting the benefits you are entitled to. When it comes to recovering short term disability benefits from the state, there are several requirements to be eligible, these include:
- You are unable to perform your work duties due to injury or illness
- You are under the care of a healthcare professional
- You have contributed to the state fund via withholdings in your paycheck
Here in New Jersey, you also may be able to obtain paid family leave under the state benefits program. This would provide partial wage replacement if you are unable to work due to providing care for a spouse, domestic partner, child, parent, or other immediate family member.
In New Jersey, short term disability plans through the state offer up to 26 weeks for disability leave and 42 days for family leave. Understanding what you are entitled to under state plans can be overwhelming. Our team here at Abell and Capitan Law can provide the guidance you need to make sure you have correctly filed and are receiving full benefits.
If you have obtained your own private coverage plan or are working with a disability insurance provider through an employer, you may be facing similar obstacles. Short term benefits are intended to help provide financial assistance for an injury or illness that is anticipated to last no longer than a year. The entire process of recovering benefits is complicated from the start.
Filing your claim, providing medical documentation, undergoing medical examinations, meeting deadlines, and providing the necessary paperwork is a tough task to take on alone. Working with an attorney can make sure all the necessary steps are met in order for you to recover your benefits.
Insurance providers may play games in order to deny or minimize your claim. We are well versed in their tactics and can take them on. When working with Abell and Capitan Law, you can be sure that your claim is being properly handled by leading experts.
Long term disability insurance claims
Long term disability insurance claims differ from short term claims in several ways. First, the state does not have a long term program to provide benefits. Second, if your policy is employer-based, it is likely governed by federal law.
The Employee Retirement Income Security Act of 1974, or ERISA, is the law that covers most employer sponsored plans and is quite complex. Our firm has a deep understanding of ERISA, which is crucial due to the law’s strict guidelines, confusing time limits, and clunky administrative processes. Our firm has built our practice around successful ERISA claims.
We have experience in dealing with all the major carriers, including Aetna, Cigna, MetLife, Prudential, and others. We understand when they are not following the rules, or trying to minimize or deny your benefits. Our experience and commitment to disability law gives us an advantage over other firms that do not have our resources or knowledge when taking on giant insurance providers.
While understanding the differences in short and long term disability is important, you likely have other things you are more concerned with. Filing for long term disability usually comes after suffering from a catastrophic injury or illness. With that in mind, you would think that insurance carriers would try to provide better access to benefits.
Unfortunately, they do not, and they can be quite demanding and rigid. Understanding everything that is required in order to recover benefits is difficult and requires experience. Our team has the experience to ensure you and your loved ones have the financial benefits you need to recover.
We can help you no matter what stage you are at, we have a team in place that will aggressively pursue your benefits while providing compassionate care and guidance.
At Abell and Capitan Law, our team can handle short and long term disability insurance claims with compassion and skill. We know how difficult it can be to recover your benefits through the state or private insurance companies, and we are here to help.
We are committed to keeping you and your loved ones from struggling under the weight of a disability claim. To honor that commitment, we never charge any legal fees unless we recover on your behalf.
To schedule a free consultation with a disability law attorney, call us today at (267) 419-7888 or fill out one of our online contact forms.