Long Term Disability Insurance Attorneys Serving New York Residents

When it comes to filing a long term disability insurance claim in New York, you need an attorney that you can trust who can provide you with the legal representation you deserve. The experienced LTD lawyers at Abell and Capitan Law have the knowledge and skills required to help you successfully navigate your disability claim in New York and significantly reduce the chance of denial. Many New Yorkers who go through disability claims by themselves don’t possess the legal knowledge and experience necessary to build a strong case. Our New York disability lawyers will help protect your claim and put you in the best position possible to receive a favorable outcome.

Our  disability lawyers assist with disability insurance claims during all stages of an application for benefits. Our firm has represented disability claimants in New York against every major disability insurance company. We have earned a reputation as aggressive, knowledgeable, and dependable disability insurance attorneys.

If your claim is denied, we go through the appeals process with you. And if your appeal is denied, we won’t hesitate to sue the insurance company on your behalf so that you get justice. We also skillfully negotiate lump sum settlements. It’s important to know that we don’t get paid unless you get paid. We will never stop fighting for you. If you need an attorney for a long-term disability claim in New York, contact Abell and Capitan Law today at (267) 419-7888. We develop custom strategies unique to your disability case, because each person’s medical condition and history is different, as are the insurance coverage and claims process.

Why You Need a Lawyer To Help With Your Disability Claim

When dealing with a disability insurance claim, it is essential that you hire an experienced lawyer. And not just any lawyer. You need a lawyer who has extensive experience handling disability cases. Not every lawyer is equipped to handle these cases. Disability law is drastically different than personal injury law, for instance. While a personal injury lawyer can help you file a claim against the negligent or reckless person who caused your injury, they likely will not be much assistance when filing a disability insurance claim.

Disability law gets particularly complex when it involves the Employee Retirement Income Security Act (ERISA), a continually evolving federal law that protects the interests of private employees enrolled in benefit plans. If you are a New York employer, a skilled disability attorney can help you to understand your group disability policy’s features, terms, and limitations. A ERISA lawyer can explain how your employees can use their coverage if they suffer an injury. If you are struggling financially because of a debilitating injury, an ERISA attorney will be able to help you successfully claim your long-term disability benefits.

Abell and Capitan Law focuses entirely on disability insurance cases. Because disability law is so complicated, law firms such as ours are generally not able to handle other cases. Disability cases are that demanding. Much like you wouldn’t go to a general practitioner for heart surgery, you don’t want to hire a general lawyer to handle your disability case. If you are applying for disability benefits in New York or your claim was denied, consult with the experienced disability attorneys at Abell and Capitan Law today. We are proud to only disability insurance cases.

Why Choose Us?

Disability attorneys Erik Abell and Joe Capitan founded Abell and Capitan Law to provide people who have had their disability claims wrongfully denied with the best possible legal representation. We are among the few firms whose practice is totally devoted to disability law. During the application and appeals process, our skilled New York disability attorneys employ effective legal strategies that are customized to each client’s unique case, allowing them to meet the particular policy’s standards.

Erik Abell litigates ERISA disability claims in federal courts. He earned his bachelor’s degree from the University of Kentucky before obtaining a Juris Doctor from the University of Louisville. Joe Capitan is a member of the Pennsylvania Association for Justice, Philadelphia Bar Association, and Pennsylvania Bar Association. He has been named a Rising Star by Super Lawyers many times. Super Lawyers is a rating service of attorneys who have achieved a high level of peer recognition and professional achievement.

Cases We Handle 

Abell and Capitan Law handles a wide variety of disability benefits claims for clients in New York, including but not limited to:

Our qualified disability lawyers work on a contingency fee basis, meaning that you won’t owe us a dime unless we help recover disability benefits for you. 

Frequently Asked Questions (FAQs)

At Abell and Capitan Law, we are proud to protect insurance policyholders in New York from the unfair treatment of their insurers. We know that getting disability insurance is critical to the physical, mental, and financial well-being of many New Yorkers.

We are committed to helping people in New York stand up to the large and powerful insurance companies so they can receive the benefits they need. Listed below are several frequently asked questions from clients. We hope you find our answers useful and relevant to your case. If you have further questions about your specific disability case, please call our office at (267) 419-7888 to schedule a free initial consultation.

What are long-term disability benefits?

Long-term disability, or LTD, benefits are provided to an individual by an insurance company to replace their lost income after they have sustained an injury or suffered an illness resulting in their inability to work. These benefits are not the same as Workers’ Compensation, State Disability benefits, and Social Security Disability Income benefits because they are not mandated by law. LTD benefits are not provided by the government and are either purchased by the individual or provided to them an employment benefit.

Do I need disability insurance?

If you need your income to pay for food, housing, and other basic needs and have no other means to do it after an injury or illness kept you out of work (and without income) for more than 90 days, you could qualify for long term disability benefits.

What can a long-term disability lawyer do for me?

When you hire a long-term disability lawyer for assistance with your claim, you should expect an experienced attorney to:

  1. Help you correctly fill out all insurance forms
  2. Evaluate your insurance claim and advise you on the disability laws and your options
  3. Examine your medical records and make suggestions for any additional testing required to prove your case
  4. Obtain medical evidence regarding your disability
  5. Obtain evidence regarding your “Residual Functional Capacity,” which is key to your claim
  6. Quickly and effectively file your administrative long-term disability appeal
  7. Calculate your benefits
  8. File a legal brief arguing the legal and medical issues in your disability case
  9. File a lawsuit in Federal Court if needed
  10. Conduct discovery in the Federal Court case
  11. Respond to Motions for Summary Judgment and trying your lawsuit (if necessary)

Do I have to file my disability denial lawsuit in New York?

In the event of a disability claim denial, the disability lawyers at Abell and Capitan Law will typically have the option of selecting one of several states to file the lawsuit. The vast majority of short-term and long-term disability insurance policies are governed by ERISA, which means that a disability lawyer can usually file a lawsuit in any federal court in any state.

Can I sue my LTD insurance company if they deny my benefits?

You could be able to file a lawsuit against your LTD insurer if they act in bad faith and unfairly denied your claim. However, if your insurance plan is an ERISA plan, you will not be able to sue for punitive damages. You’ll only be able to sue for the LTD benefits that you are owed plus interest and some of your LTD lawyer fees. Having a skilled long-term disability lawyer in your corner will significantly improve your chances of receiving benefits.

Contact a Disability Attorney Today 

The skilled and experienced long-term disability lawyers at Abell and Capitan Law know how to provide the necessary evidence to put your case in the best light possible. Our attorneys will comply with all the deadlines, negotiate with the insurance company, and file a lawsuit if need be. Insurance companies prefer to work with people bringing claims without a lawyer because it makes the claims easier to deny. This fact shows how important it is to hire a qualified long-term disability lawyer when filing a claim.

We at Abell and Capitan Law are ready to help you. We offer free and confidential consultations on all individual and group disability insurance matters. To discuss your case with a disability attorney during a free, no-obligation consultation, call us today at (267) 419-7888.



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