At Eric Buchanan & Associates, a national ERISA long-term disability and insurance litigation law firm, we have spent decades representing individuals whose insurance benefits have been wrongfully denied, delayed, or terminated. We focus exclusively on insurance and disability matters and represent policyholders nationwide. Our attorneys have handled claims against virtually every major insurer — including Prudential, Unum, MetLife, and many others — giving us deep insight into their tactics and decision-making processes.
In our recent episode of Policy Pitfalls and Power Plays, I joined risk management expert John Ballinger and host Clint Powell to discuss why the claims process is heavily stacked against everyday people and exactly what claimants can do to fight back effectively.
The Game Is Rigged — But Experience Levels the Playing Field
Insurance companies are sophisticated, well-funded professionals who write the contracts, control the claims process, and build records designed to support denial. Most claimants, however, are dealing with serious health issues while navigating complex rules for the first time. Under ERISA, which governs most employer-sponsored long-term disability plans, the administrative record you create during the claim and appeal stages is usually the only evidence a court will consider. That makes every decision critical.
Our firm’s decades of experience handling ERISA administrative appeals and federal litigation across the country allow us to anticipate insurer strategies and build strong, litigation-ready cases from day one. We do not use a one-size-fits-all approach — every policy, occupation, and medical condition is different, and we tailor our strategy accordingly.
Key Do’s When Filing a Disability Claim
- Read the Freaking Policy (RTFP)
Know the exact definition of disability, notice and proof-of-loss deadlines, appeal timelines (often 180 days under ERISA), and exclusions such as mental/nervous limitations or pre-existing conditions. - Document Everything in Writing
Follow up every conversation with a dated email or letter. Insurers often “lose” favorable information while carefully documenting anything damaging. - Submit Organized, High-Quality Evidence
Provide detailed medical records, narrative reports from treating physicians outlining specific restrictions and limitations, functional capacity evaluations, and proof of earnings loss. We help clients index and present this evidence effectively. - Get Professional Help Early
Our attorneys regularly teach other lawyers on ERISA strategy and have earned national leadership roles and peer recognition. Bringing experienced counsel in early prevents costly mistakes that close the record. - Understand the Insurer’s Playbook
Recognize common tactics such as selective file reviews, demands for “objective” evidence not required by the policy, and ignoring treating physician opinions.
Critical Don’ts That Can Destroy Your Claim
- Don’t rely on verbal assurances or phone calls alone.
- Don’t delay filing or appealing.
- Don’t assume the insurer will act in your best interest.
- Don’t shop for coverage based solely on price.
- Don’t go it alone on a significant claim.
Why Clients Nationwide Choose Eric Buchanan & Associates
Clients seek us out because we combine:
- A national practice devoted exclusively to ERISA and disability insurance law
- Leadership roles in major trial lawyer and disability advocacy organizations
- Decades of experience litigating against the largest insurance companies
- Peer-recognized excellence and a track record of recovering millions in wrongfully denied benefits
- A litigation-ready strategy that begins at the earliest stages of the claim
We stand between policyholders and powerful insurance companies to enforce the promises made in their policies.
The Bottom Line: Treat Every Claim Like a Future Lawsuit
From the moment you notify the insurer, assume they are building a case against payment. Document relentlessly, submit compelling evidence, and secure experienced representation early.
If your long-term disability, ERISA, health, life, or long-term care claim has been denied or terminated, do not assume it is final.
The Bottom Line: Treat Every Claim Like a Future Lawsuit
From the moment you notify the insurer, assume they are building a case against payment. Document relentlessly, submit compelling evidence, and secure experienced representation early.
If your long-term disability, ERISA, health, life, or long-term care claim has been denied or terminated, do not assume it is final. Contact our Long Term disability denial lawyers, our experienced national team is ready to review your case and fight aggressively for the benefits you rightfully deserve.