Disability Insurance Benefits Basics
Fortunately, when a person buys an individual disability insurance policy directly from an insurance company, in most cases, the law helps experienced attorneys protect their clients’ rights. Most individual disability insurance cases can be fought over in court using state laws that favor the person with the policy over the insurance company, or at least provide a level playing field. If the insurance company does something really bad, some states even allow for the person who is wrongfully denied to sue for more than just the benefits, but to sue for bad faith and punitive damages. But those cases are not like more common lawsuits, and those cases can also be extremely complicated.
Attorneys who know about the inner workings of insurance companies, the rules of insurance law, regulations and contracts, all which can vary from state to state, can better represent their clients in court and obtain a favorable outcome.
We have seen many cases where an insurance company takes advantage of someone who is unrepresented.
If your claim is denied we will litigate your long-term disability case, ERISA case, or similar case, against any insurer nationwide.Read More
How do I know if the disability insurance attorneys I hire can take on the really big insurance companies? Eric Buchanan & Associates is a boutique law firm, focusing primarily on disability insurance, ERISA insurance, and similar insurance, like life insurance claims. Because we are a boutique firm with a focused practice area, we have learned the ins and outs of disability insurance law, ERISA law, bad faith law, and insurance law. In fact, we have been so successful that some of our cases have resulted in the law improving to be more helpful for other disabled people who have to fight in court. You can see our list of cases here . Because we limit our practice to this specific area of the law, our team knows what it takes to take on the big insurance companies and win in the right cases. In fact, we have learned so much about the way the big disability insurance companies handle claims that we can help our clients present the best disability insurance claim possible, and if that claim is denied, we know what questions to ask in court and what to prove to help convince a judge or jury that the disability insurance company did not make a fair decision, and that benefits should be paid. Or, by showing the insurance company that we can prove that type of information in court, we can help our clients obtain a good settlement in the right cases.
When do I need the help of a disability insurance attorney? The most important time to hire a disability insurance attorney firm, like the disability team at Eric Buchanan & Associates, is before a disabled person sends in an appeal of a denial of the claim. Under most rules that apply, the best time to get an insurance company to change its mind, and the best way to have a better chance in court, is to ensure that the best evidence available is submitted to the insurance company before they make a decision on appeal.
Some people make the mistake of trying to appeal on their own, and even go so far as obtaining medical records and letters from their doctors. Unfortunately, that is usually not enough; instead, disability insurance attorneys can work with treating doctors to make sure that the doctors actually address the restrictions and limitations that make a person legally disabled, and to obtain other evidence that can help in the fight in court to prove the person is disabled. There are many things that an experienced disability insurance attorney can do to improve a disabled person’s chance of winning their case before an insurance company or later in court. At Eric Buchanan & Associates, our team has worked for years to learn the best ways to prove someone is disabled, the best ways to convince a disability insurance company that someone is disabled, and the best ways to improve the chance of winning in court.
We think it is best to begin helping someone before they file an appeal. Sometimes we can help with a disability claim even after the person has filed an appeal. While the chances of success go down at this point, sometimes insurance companies make such bad mistakes or ignore the law that we can still help
Also, some people choose to hire us before they even file a claim or early in the claim process. We have found this can be the best way to have a good chance on a disability case. When our clients partner with our disability team early on, we can use all of the tools we have to give our clients the best chance of winning or settling.
We handle cases all over the United States, working with other local attorneys at times, or on our own, and can help fight even the most unfair disability insurance denials. If you have any questions about your disability insurance benefit claim, policy, or a letter you have received from an insurance company, call the office of Eric Buchanan & Associates today. If you have been denied benefits, contact us - competent attorneys who regularly handle disability insurance cases - as soon as possible.
At Eric Buchanan & Associates, we understand that anyone facing a lengthy or permanent disability has a tough road ahead. Learning to live with a condition that limits your ability to earn a living or care for yourself or your family can certainly be overwhelming. While resources should be available to provide monetary compensation to pay for the help you need, you should not have to deal with insurance companies fighting to protect their bottom line or with red tape that makes it difficult to get valid claims accepted. You need a disability lawyer with the skills and experience to explore every available option and fight hard to pursue the compensation you need. We are here to help disabled individuals understand and collect the benefits rightfully due them under their private disability insurance policy.