Long Term Disability Benefits Basics
Because we are a boutique law firm, focusing on disability insurance, long term disability, and a few other similar types of cases, we can focus on our clients and their cases. We see the same types of denials by the same insurance companies over and over, and know just what types of games the disability insurance companies play. If you decide to hire us, and we decide to take on your case, you will know that you have a true disability insurance team on your side that has fought the fight before and knows how to get you the best result for your case. Because disability insurance companies know the rules, and use them against people, it is crucial to have someone on your side who knows the rules and can protect you. Disability law contains very specific procedures and time limits for appealing LTD claims.
Missed deadlines, improperly completed forms or other errors in the appeals process can cause you to lose all your benefits with no way to get them back.
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
What do the insurance companies NOT want me to know? A court will only look at the information submitted to the insurance company before the company issues its final denial; you cannot add more information once you go to court. Your medical records are important, but your medical records alone will rarely win a disability case. In addition, you need specific documentation of your restrictions and limitations caused by your medical condition. The forms used by insurance companies (often called attending physician forms or “APS” forms) usually do not make it easy for a doctor to assess your limitations and restrictions in a way that will make you disabled. Often, because these forms are written by insurance companies, the choices of answers your doctor can give don’t include options for someone who is disabled. Or, if there is such an option, it does not match up with the definition of disability in your policy.
ERISA law has very strict deadlines for filing appeals, and those deadlines are usually used against claimants, so that if you miss the deadline, your case may be over. However, even though ERISA has deadlines for insurance companies, there are virtually no consequences if an insurance company misses its deadline.
Once an ERISA case goes to court, insurance companies often argue that they should get the benefit of the doubt in court, and that the court should allow them to win even if they are wrong, so long as they are reasonable. These are just some examples of the many obstacles an experienced LTD law firm can help you avoid or fight against so that you will have the best chance to receive the benefits you are entitled to.
Questions for Your Long Term Disability Lawyer
Lawyers who exclusively handle LTD cases have heard it all when it comes to claims awards and denials. Some of the important issues you want to discuss with your long term disability insurance lawyers include:
- How did your disability occur? We can help you document what was responsible for the disability. Insurance companies sometimes try to avoid paying these claims by contending that your condition resulted from a previously known chronic illness.
- How long must you wait before claim payments start? Long term disability insurance policies differ in this regard, but we are familiar with many policies.
- How much money will you receive? A long term disability lawyer can make sure that your benefits are calculated and paid correctly.
- What other insurance policies may cover this event? If more than one insurance company may be responsible, you need a knowledgeable long term disability lawyer to evaluate how to resolve your case.
- What if you are only partially disabled? The details of coverage for partial disability are often specified in confusing language in the fine print of your insurance policy. A long term disability insurance lawyer can help make sure that you get as much as possible under the terms of the policy.
Contact Eric Buchanan’s Disability Team Today
Eric’s team of disability attorneys understands the laws associated with ERISA, bad faith insurance law, contract law, and other areas of the law that will help you win your case. Our team has extensive experience in handling long term disability claims, appeals, and lawsuits. The dedicated long term disability insurance lawyers and professionals at Eric Buchanan & Associates have helped thousands of people fight wrongful denials by insurance companies and by the Social Security Administration. If you have been denied LTD benefits or have questions about your eligibility, contact the long term disability lawyers at Eric Buchanan & Associates, PLLC for assistance with all issues related to your claim. Contact us today to discuss your case.