Ohio Long Term Disability Attorneys
Have your long term disability benefits been suddenly terminated? Did you recently suffer a disabling injury and want to make a disability benefits claim? Was your claim denied?
If you answered yes to any of these questions, then it’s a good idea to contact an Ohio long term disability insurance lawyer today. Disability insurance law is highly complicated, but an experienced lawyer can help you access your benefits.
Making a disability benefits claim can be a very complicated process that requires specialized legal knowledge. Applications are often written in a convoluted, legalistic language, which often leads to mistakes in the claim process that result in a denied claim. Claims are also subject to a variety of deadlines, and submitting a document or form even a day late can make policyholders ineligible for benefits. Furthermore, insurance companies are incentivized to find any reason to reduce, deny, or terminate your benefits.
At Abell and Capitan Law, we are passionate about helping our disabled clients and holding insurance companies accountable for the benefits they owe. We are highly experienced, award-winning attorneys who are ready to employ every legal tool available to help you. Please give us a call at (267) 419-7888 to schedule your 100% free consultation.
Why Do I Need an Ohio Disability Insurance Lawyer?
Hiring a lawyer maximizes your chances of fully accessing your benefits as quickly as possible. Disability insurance claims applications are notoriously complicated, and even a minor mistake or delay in submission can result in a denied claim. A skilled disability insurance lawyer will be able to help you with your claim from beginning to end. A lawyer will ensure that your claim is submitted without any mistakes and adheres to all deadlines.
If you receive your disability insurance through your employer, then it is governed by a federal law known as the Employee Retirement and Security Act (ERISA). This is a law that was passed with the goal of protecting employees, but in reality, it has made it much more difficult for employees to access their disability benefits. Various courts have interpreted parts of the law in ways that prioritize insurance companies over individual policyholders. ERISA maintains a set of strict and confusing deadlines to which many claimants have trouble adhering. An experienced disability attorney will be well-versed in ERISA and able to ensure that your claim is fully ERISA-compliant.
You should never accept money from an insurance company without first consulting a lawyer. Insurance companies sometimes offer settlements in exchange for the policyholder dropping their benefits claim. In some situations, accepting a settlement is the right choice. However, insurance companies may take advantage of claimants who are unfamiliar with disability law and offer a low settlement. Many people are tempted to take these settlements because they are facing immediate financial pressure.
It’s important to know that when you accept a settlement, you will be required to sign an agreement releasing the insurance company from any further payments. Even if you realize your benefits entitled you to more money, you will be unable to make another claim or file a lawsuit. A knowledgeable disability insurance lawyer will be able to advise you on your best path forward. If you choose to take a settlement, a lawyer may be able to negotiate it higher.
Why Should I Choose Abell and Capitan Law?
Abell and Capitan Law is one of the few national law firms that exclusively takes on disability insurance cases. Most law firms that handle disability cases are primarily focused on other cases, such as personal injury and workers’ compensation. Disability insurance cases may only represent a small percentage of the cases they handle. Our narrow focus on disability law means that we are highly knowledgeable about important laws like ERISA and will be able to give you the best representation possible.
We understand that many people are worried about the cost of hiring a lawyer. At Abell and Capitan Law, we work on a contingency fee basis, which means that we only get paid if you win your case. Instead of charging you by the hour, we take a percentage of your overall settlement or verdict at the very end of your case. If you don’t win, then you don’t pay us anything. This means that you can hire the best disability insurance legal representation without any financial risk to you.
We also offer a free initial consultation. You can ask us any questions, tell us about your case, and we’ll give you an idea of your legal options.
What Is Disability Insurance?
Disability insurance helps protect your income in the event that you suffer a disabling injury that puts you out of work. Benefits usually provide 50 to 80% of your average pre-disability income. Long term disability benefits generally last for two, five, or ten years, or up to retirement. There are three categories of disability insurance: short term, long term, and individual.
Long term disability insurance covers disabilities that prevent you from working for a long period of time, usually longer than a few months or a year. Your policy will likely have certain rules about when you qualify for long term benefits and deadlines by which you need to submit documents.
Individual insurance plans are purchased privately, rather than through an employer. Individuals may choose to buy individual plans if they are self-employed or feel that the disability coverage provided by their employer is insufficient. Individual insurance plans are not regulated by ERISA. However, it’s important to note that if you bought individual disability insurance to supplement the policy you get through work, the employer-given policy will still be subject to ERISA.
How Will Abell and Capitan Law Help Me With My Claim?
Abell and Capitan Law develops a unique case strategy for every case we receive, depending on your individual situation and interests. Generally, the work we do falls into the following areas:
Claim application assistance: As mentioned, disability insurance claims are highly complicated. We will make sure that you have a clear understanding of your benefits and help you complete your claim application. We will ensure that your application is free of errors, contains all necessary documents, and is submitted by all deadlines. We will also help obtain any documentation or evidence necessary to help prove your case.
Appealing denied claims: Policyholders whose initial claims are denied almost always have the right to appeal their claim. Appealing a claim might involve submitting additional documentation, gathering new evidence, and negotiating with the insurance company. Having legal representation will help make your appeals process go as smoothly as possible, and show insurance companies that you are serious about your appeal. These are some common arguments insurance companies give to justify denied disability claims:
- The claimant did not have active coverage at the time of the disabling injury.
- The disabling injury was the result of a voluntary, dangerous activity or was the result of self-harm.
- The claimant did not adequately prove that their disability makes them unable to work.
- There was a mistake or missing document on the application.
- The claimant did not make a good effort to obtain adequate medical treatment after their disabling injury.
- The disability was caused by or linked to a pre-existing condition, and the policyholder was aware of this pre-existing condition when their coverage started.
Litigating your claim in court: If your appeal is denied, your only option may be to file a lawsuit against your insurance company. Sometimes, insurance companies choose to settle a case outside of court by offering you a sum of money in exchange for you dropping your case. An experienced disability insurance lawyer will be able to advise you on whether or not you should take a settlement. If the insurance company is unwilling to offer a sufficient settlement, we will fight your case in court. Our narrow focus on disability insurance law equips us to effectively gather evidence, hire the best expert witnesses, and maximize your chances of winning your case.
Appealing Terminated Benefits: Many people who have long term disability benefits are surprised to discover that their benefits have been suddenly terminated. This can be a frightening realization, as many who are unable to work rely on their benefits to survive. Insurance companies may claim that the policyholder’s disability has improved and they can return to work, or that they can find work in a different field.
Contact an Ohio Long Term Disability Insurance Lawyer
At Abell and Capitan Law, we are proud of the work we do for our clients. We understand the serious impact that a disabling condition can have on an individual and their family, and we will fight tirelessly against insurance companies to help our clients gain access to their benefits. We will be ready to assist you when you give us a call today at (267) 419-7888 or reach out to us online to schedule your free consultation.