Long Term Disability Claims
Whether you purchased a private policy or are covered under ERISA by a group policy offered by your employer or another group, Long Term Disability policies share certain features that make it dangerous for you to go through the process alone no matter how obvious your disability appears.
At Insler & Hermann, LLP, we have the experience to handle your case and the success record to prove that we are the best at what we do.
Carriers often deny a claim initially because they don't hear from your doctors, or they pick out one thing your doctor said and use it against you. In a group policy, your ability to appeal successfully may be jeopardized if you fail to adhere to strict time limits or if you do not carefully follow all of the filing procedures. Due to the complex and varied definitions of "disabled," it is extremely important that your doctors are asked the right questions from the start, so that their answers to the insurance carrier will not be misinterpreted.
Carriers use interviews and even surveillance to question your disability, and they may want you to undergo an evaluation to determine what your physical abilities and limitations are. The attorneys at Insler & Hermann have the experience and knowledge to successfully fight these efforts to deny you benefits.
Even if you have been receiving payments for several years, your carrier may review your claim at any time, and your benefits may be challenged at any point. In many policies, after two years the definition of disability changes, making it harder to continue receiving disability even if your condition has not improved at all!
Whether you have a group or a private policy, the key is not to give up and to have an experienced law firm help you fight for the benefits that you have paid for, and are now entitled to.
At Insler & Hermann, we will:
- Consult with you prior to filing your claim, and provide advice, including review of your policies or Summary Plan Descriptions, and review of your medical records and job descriptions, even if you are still working or have not filed your claim.
- Prepare your initial application, file it, and provide the insurance company with medical and vocational reports to support your claim.
- Advise you about the interplay between all your possible benefit sources, so you can collect your maximum benefits.
- Refer you to medical and vocational experts when necessary.
- Deal with the insurance company if they want you to go to their doctors, undergo a Functional Capacity Evaluation, or do a personal interview with them.
- File ERISA appeals and litigate those claims when necessary.
- Consult with you to prevent termination of the benefits you are already receiving.
- Appeal suspension or reduction of your benefits.