Short Term Disability Lawyers
At Abell and Capitan Law, our practice focuses entirely on securing fair and just disability insurance claims for our clients. We know all the games insurance carriers play to deny or minimize your disability claim, and we understand how to fight each tactic effectively. We understand what is at stake: you need money to eat, have shelter, and pay bills, but your ability to earn an adequate living is compromised due to disability. Unfortunately, disability insurance companies do not always play fair. You need to hire the experienced disability insurance lawyers at Abell and Capitan Law, so you can get the money you need to live.
Why You Need A Lawyer
Because the games that insurance companies play are on full display with short term disability claims, it is evident that you need to hire a lawyer to protect your interests with these claims. The way short term disability insurance is structured provides multiple incentives to deny your claim or otherwise terminate an eligible application.
There is a relationship between short term and long term disability insurance benefits. For one, they are often handled by a single company. However, short term benefits are paid by the employer, while the insurance carrier pays long term benefits. In some cases, the employee must be paid the full duration of short term disability benefits to be eligible for long term disability benefits. If the insurance carrier has reason to believe you will be successful in applying for and receiving long term disability benefits, which may be paid out over many years, they have an incentive to terminate your short terms benefits, so you don’t meet the prerequisite.
If your employers’ disability insurance carrier is trying to terminate your short term disability claim, or your employer is trying to get you to return to work under threat of losing your job, or the insurance company is requesting multiple rounds of seemingly meaningless paperwork and medical records, call Abell and Capitan Law today at (267) 419-7888 to schedule a free, no-obligation consultation.
Why Choose Us?
Abell and Capitan Law is a national company that handles disability insurance claims, including both physical and mental health disability. We handle the whole process. We can help you apply for short and long term disability benefits, prepare and manage an appeal if you are denied benefits, and we are ready to file a lawsuit against the insurance carrier if your request is denied. We work on a contingency fee basis, meaning you pay us nothing up front. We get paid only if we win your case.
Allow Abell and Capitan Law to represent you in the process of obtaining disability benefits from your employer. We can assist you in every step of the process as we help you get the benefits you need and deserve.
Helping You Get The Short Term Disability Benefits You’re Owed
At Abell and Capitan Law, we handle cases involving long term disability, individual disability, and short term disability insurance. Our experienced disability lawyers have successfully represented clients in cases involving many major insurance companies, such as Cigna, Prudential, MetLife, Liberty Mutual, and Aetna.
It’s essential to understand the difference between short term and long term disability benefits. Short term disability benefits are for injury or illness that is anticipated to last no more than a year. Long term disability benefits are for illness or injury that will likely interfere with your ability to work for any period longer than a year, or even indefinitely. Typically, employees will be paid short term benefits initially in the hope that they will be able to return to work within a year, but if they cannot, long term disability benefits kick in. There are several relationships between the two systems that a skilled disability lawyer can help you understand and cope with.
Hiring a legal advocate from the beginning of the process, when you first apply for short term benefits, is strongly recommended. Because the application process is complex and the documentation and medical examination requirements are particular, it helps to work with someone who has been through the process many times. Plus, several deadlines must be met to have a successful application for short term disability benefits. An attorney can help make sure you submit all paperwork correctly and on time. At Abell and Capitan Law, we know how to make your argument, get the right documents to the right people, and effectively “frame” your claim.
Frequently Asked Questions (FAQs)
At Abell and Capitan Law, we get a lot of questions from clients regarding their short term disability claims. Below are a few of the most commonly asked questions. We hope you find the following information useful. If you have any questions about your disability claim, please do not hesitate to reach out to us any time at (267) 419-7888.
There is a substantial conflict of interest between granting short term disability claims and the likelihood of future liability in long term disability claims. The insurance carrier may want to shut down a successful long term claim by denying the short term claim. Abell and Capitan Law sees this a lot, and we know how to protect your rights.
Forcing you to return to work prematurely or otherwise pressuring you financially is a common strategy, too. The insurance company’s goal in this scenario is to get you to leave your job because that will limit or terminate your disability insurance coverage. If you feel your employer and the insurance company are squeezing you, we advise you to call us immediately.
Running out the clock is another strategy used to deny your short term disability benefits. Most insurance companies know you must provide “proof of loss,” or proof of injury or illness, within 30 days of filing a claim. They will try to eat up time by sending you requests for medical records, forms, and doctor’s opinions, each of which takes time and expertise to provide, in an attempt to run out the 30-day window so they can deny your short term disability claim. Again, we have seen it, and we know how to fix it. Contact Abell and Capitan Law as soon as possible if this starts happening to you.
If your short term disability claim is denied, or already approved benefits are canceled, we will help you with the appeals process. It is essential to understand that you only get one shot at an appeal. In general, the appeals process is highly complex, and knowing what argument to make and how to approach your appeal is critical to success. If your appeal is denied, you will need to file a lawsuit against the insurance carrier. Abell and Capitan Law can help with this.
We understand that every short term disability claim is unique, and we develop a custom strategy for every client we work with. We are fully prepared to take your claim to court if necessary, and we know how to win a disability lawsuit. Because our practice is dedicated to disability benefits insurance, we fully understand our responsibility to you and your family. We want to help you get a fair hearing for the benefits you need and deserve. Call us today at (267) 419-7888 so we can get started on your claim.
A claim is denied at the application stage because the insurance carrier fails to understand the nature of the claimant’s job and how it is impacted by the illness or injury affecting his job performance. Abell and Capitan Law’s participation in the application process will ensure this doesn’t happen. We have extensive experience in making strong cases for our clients’ disability benefits claims.
The insurance company terminates already approved benefits due to a change in the policy’s definition of “any gainful occupations,” as opposed to the previous wording of “any occupation.” The effect of this change is that the insurance company insists the claimant can make a living by doing less demanding work. Therefore, the claimant is not eligible for short term disability benefits. Abell and Capitan Law will use the appeals process to carefully document the nature and extent of the disability, making sure to collect enough medical evidence and physician testimonials to prove you cannot be reasonably expected to work and should get your benefits reinstated.
The insurance company terminates short term disability benefits because it argues the medical evidence no longer supports your claim of disability, either physical or mental, due to a new opinion of an examiner or medical reviewer. This tactic can be traced to two possible factors: there has been a new treatment or remediation that can be used to mitigate the claimant’s disability, or the insurance company went “opinion shopping” to find a more favorable one that allows them to cut off already approved benefits. What you have going for you in this scenario is that you already went through an approval process and were awarded benefits. Abell and Capitan Law will lean heavily upon this fact during any appeal or lawsuit process, pointing out that if benefits were under constant threat of being re-litigated, it is like having no employee disability coverage at all.
At Abell and Capitan Law, our highly skilled and experienced attorneys handle short term disability insurance claims nationwide. We work on a contingency fee basis, meaning that you will not pay any legal fees unless we recover benefits for you. Contact us today at (267) 419-7888 to schedule a free and confidential consultation.