We represent individuals with long-term disability claims through all stages of a claim for disability income benefits, which includes the disability application process, denial of disability benefits, appeals, legal actions to recover disability benefits, and the negotiation of lump-sum policy buyouts for individuals that are currently being paid disability income benefits.
The Disability Insurance Claim
Navigating through the process of having a long-term disability claim approved can be daunting. It is quite common for valid disability insurance claims to be challenged by insurance companies. These insurers look at every disability claim with the ultimate goal of returning the disability claimant to work as soon as possible, with as little fair and just compensation as possible.
Regularly, disability companies will engage the services of their own physicians to review a disability claim file and render an opinion that a claimant is not disabled.
Let us help you make sure that you claim is processed fairly, and for you to get what is rightfully yours. It is critical to speak with an attorney during the application process. Long term disability policies are governed by a federal law called “ERISA”. Under ERISA, if a long term disability claim is denied, you must file a lawsuit in federal court. The federal court will only consider evidence contained in the claim file. Thus, it is critical that the proper documentation is submitted to the insurance company prior to a denial. Otherwise, it will be difficult to reverse a denial at the federal court level.
If you are applying for long term disability benefits, contact the attorneys at Dross Berman LLC for a free consultation to better understand your rights.