New York Life Disability Insurance Claims Attorneys
Do you need assistance filing your long term disability (LTD) claim with New York Life Insurance? If so, contact Abell and Capitan Law immediately to begin the process and pursue the benefit payments you need to supplement your lost income. We can review the insurance policy to determine the available coverage and file the claim on your behalf. We know how intimidating insurance companies can be. They’re often looking out for their interests instead of the interests of plan participants. We have experience advocating for our clients’ rights to get the insurance company to pay what you’re owed.
Call Abell and Capitan Law at (267) 419-7888 for a free consultation to learn about the benefits you’re entitled to through your New York Life Insurance policy.
Applying for LTD Benefits With New York Life Insurance
New York Life has been providing insurance coverage to eligible participants for 175 years. Disability insurance replaces a person’s lost wages if a disabling illness or injury prevents them from returning to work. The benefits you receive should help pay for your medical treatment, prescription costs, and other expenses associated with the injury or illness you sustained.
You must have a disability for at least six months to qualify for LTD coverage. Payments are typically 45% to 66% of your average monthly income before developing a disabling medical condition. New York Life requires going through an elimination period, that is, a waiting period, before you start receiving benefits. Elimination periods can range from 30 days to one year.
Most New York Life Group Disability Claims Are Governed by ERISA. Why Does That Matter?
Many New York Life plans are regulated by the Employee Retirement Income Security Act of 1974 (ERISA), which is the federal law establishing minimum standards for voluntarily established retirement and health plans in private industry. If your New York Life claim has been denied, you will need to file a mandatory internal appeal before you can pursue litigation against New York Life.
ERISA actions are incredibly complex, and they also involve very sensitive time limits. You do not want to wait to get an attorney involved in your case.
As soon as you hire a lawyer, they are going to be able to complete their own independent investigation into your case. The attorney can determine when New York Life may have committed an error in the administration of your benefits or when denying or terminating your benefits and will fight to help you get the benefits you need and deserve.
Types of New York Life Disability Insurance Claim Cases We Handle
New York Life provides many kinds of group insurance, including long term disability benefits. While short term disability covers people who are temporarily disabled for a limited period, long term disability applies to individuals who are disabled for extended periods. Many New York Life policies are underwritten by Life Insurance Company of North America, which is principally headquartered in Philadelphia, PA, the same location as one of our law firm’s offices.
Initially, New York Life policies usually consider an injury or illness disabling if it makes a person unable to perform the material duties of his or her own occupation. After a set period, typically 24 months, the definition of disability will usually change, and the claimant will have to prove they are disabled from any occupation. Each policy can define the terms own occupation and any occupation very differently. Understanding these policy terms and how they operate can make
A person will usually need to have proof of disability from a physician to obtain benefits. Other income benefits, such as Social Security disability benefits can impact the number of benefits you receive from New York Life.
An initial disability application typically has three sections – an employee’s statement, employer’s statement, and medical forms to be completed by an attending physician. More paperwork such as authorizations and an Activities of Daily Living Questionnaire will also commonly follow the filing of a short term disability or long term disability claim.
When you believe that your claim is taking too long to be resolved, you should contact your case manager. A case manager may not give you a satisfactory reason for your delays, and you will want a lawyer to speak to the case manager to get real answers. An attorney may be able to compel real action.
New York Life is required to provide written notice of denied group short term disability or long term disability claim. The claim determination letter you receive should state the reasons for denial but should also inform you of your right to appeal, and it should also provide the deadline you have to file an appeal.
Should I Hire A New York Life Disability Insurance Claims Attorney?
You could benefit greatly from seeking legal representation. Often, people choosing to file a claim for LTD benefits alone face obstacles along the way they don’t know how to overcome. You have to keep up with deadlines, applications, evidence, and other procedures. It can be an overwhelming and time-consuming process, especially if you’re unfamiliar with insurance claims. Abell and Capitan Law can take over your case and handle each step of the process from start to finish. Your only job should be to focus on healing your injuries or treating your disease.
When you hire us, we can complete the following tasks on your behalf:
- Contact New York Life Insurance for a copy of the policy
- File an initial claim for long term disability benefits
- Gather medical records and other documents proving you have a disability
- Work with your physicians to obtain supportive medical opinions
- Ask your employer for a copy of your job description showing the duties you’re unable to perform
- Obtain statements from experts verifying your physical or mental limitations
- Submit all evidence we find to the insurance company for supporting your claim
- Follow up with the insurance representative and seek the maximum available benefit payments you deserve
If the insurance company denies your LTD claim, you’re not out of options. We could file an appeal so that they will revisit the claim and perform another investigation. The Employee Retirement Income Security Act (ERISA) sets standards for most health and retirements plans. There is a 180-day minimum deadline under this Act for filing an administrative appeal.
Abell and Capitan Law can review the denial letter and determine the best way to proceed with the appeal. We might need to provide additional evidence not included in the original claim, such as:
- Physician statements confirming your disability
- Incomplete or missing medical records
- Affidavits from anyone witnessing the effect your injury or illness has on your life
- Copy of your job description and performance reviews
- Statements from vocational experts and medical experts about your reduced functioning capacity
New York Life will have 45 days to respond to the appeal under ERISA law. They could request a 45-day extension if necessary to review the claim and all evidence we provided. If they uphold their original decision denying your right to receive benefits, we could file a lawsuit. The denial letter might include a contractual limitation period, indicating the timeframe for filing a lawsuit. If the insurance plan doesn’t include a contractual limitation period, you’ll likely have to follow the civil statute of limitations in your state.
Why Choose Abell and Capitan Law?
The Life disability insurance claims attorneys of Abell and Capitan Law know how to create an effective plan for seeking LTD benefits for our clients in New York. We will dedicate our time and resources to every aspect of your case. You’ll receive one-on-one attention until the very end of the legal process. Customer service is of utmost importance to us, and we aim to provide the guidance and support you need to get through this stressful experience.
Our team of legal professionals is available 24/7 to answer your call and respond to your questions. We can walk you through the claims or appeals procedure so you know what to expect and how to prepare for what’s to come. We will be transparent in our communication and keep your interests in mind as we seek a favorable outcome to your case.
At Abell and Capitan Law, our experienced Life disability insurance claims attorneys focus solely on disability claims and lawsuits in New York. We’re familiar with state laws, federal regulations, and other statutes to determine your legal options and the best plan to recover the benefits you need to compensate for your lost income. We’re not afraid to stand up to large insurance companies, such as New York Life, and advocate for your rights.
Contact Abell and Capitan Law Today
You can depend on Abell and Capitan Law to fight hard for the payments owed to you for your disabling injury or illness. Whether you’re filing an initial claim, appeal, or lawsuit, you can feel confident knowing you’re in capable hands. You won’t have to face the burden of an LTD case alone. We will regularly update you on the progress we’re making and address your concerns along the way.
If you suffered an injury or illness that prevents you from returning to your job, contact Abell and Capitan Law today for a free consultation. Our Life disability insurance claims attorneys can review your policy to determine the available coverage and whether you’re entitled to benefits in New York. Call us right now at (267) 419-7888 or contact us online.