Long-term disability benefits are often denied just a few years after they have started. Individuals who have faced a disabling illness or personal injury—and have disability insurance benefits in place—may suddenly find they are attempting to cope with their medical problems, struggling to provide for their families, and, at the same time, straining to comprehend the complexities of federal insurance laws.
If you are denied benefits, please resist the temptation to immediately appeal the claim. This is the time to seek the assistance of qualified legal counsel. Insurance companies count on you being under significant financial stress. If you make an immediate appeal, there is little chance the insurance company will make a different decision when reviewing the same information that led to a denial of the claim in the first place.
When you are unable to work and your disability benefits have been denied, immediate and proper action is vital.
It is becoming more and more common for long-term disability insurance carriers to deny valid claims – either initially or after paying disability benefits for a year or two – contending that the person’s condition has improved or that the definition of the disability has changed.
The Employee Retirement Income Security Act of 1974, known as ERISA, is the federal law which governs the majority of Long Term Disability (LTD) insurance policies in this country. If your LTD plan is provided as an employee benefit or purchased as an employment-related group plan, it is likely governed by ERISA. Understanding and navigating these federal insurance laws can be very complex and any kind of denied disability claim can disrupt you and your family both financially and emotionally.
Few long-term disability claimants are able to overcome the endless legal resources that can be brought by insurance companies. Having the right help, at the right time, in order to obtain the lawful benefits you deserve can make a dramatic difference in your overall quality of life.
Our attorneys at Bemis, Roach & Reed will work one-on-one with you and your particular situation. We have years of experience handling ERISA cases and have an impressive record of winning these cases for our clients at the claims stage, and at both the Federal District Court level and in the Federal Court of Appeals. We represent individuals with denied health care, life insurance, pension, and disability claims that may, or may not, be governed by ERISA.
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