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Long-term disability insurance should be a safety net if you are unable to work because of a disability. However, obtaining those benefits can be more challenging than you would expect. Insurers often delay or deny benefits, or they may try to give you less than what you deserve. These tactics save money for the insurance companies but leave victims struggling.
A Dunedin disability dispute lawyer from Herman & Wells can help. Our attorneys are here to help resolve these disputes and get you the benefits you deserve.
Understanding some of the tactics insurers use to deny claims can help you avoid making mistakes that can leave you vulnerable to denials.
Some tactics they may use include:
Submitting well-documented evidence with your case can help you counter those tactics. The evidence needs to demonstrate the existence of a disability and how that disability keeps you from working.
While a well-documented case cannot prevent insurers from unnecessarily delaying decisions or trying to misinterpret policy language, it can counter some of their tactics.
Regardless of the reason the insurer gives, if they deny your claim, you have the right to fight back, and a Dunedin attorney with experience in disability disputes can help.
While most insurance claims depend on state law, most long-term disability claims fall under federal law. ERISA (Employee Retirement Income Security Act, 29 U.S.C. § 1001 et seq.) covers employer-sponsored long-term disability plans. However, individually owned long-term disability plans may fall under state law.
ERISA sets strict deadlines and procedures for filing an appeal if your case is denied. Missing a deadline or not submitting the correct documentation can hurt your case.
Our experienced team of disability dispute lawyers in Dunedin is thoroughly familiar with ERISA. We will ensure your appeal is handled correctly, giving you the best chance of obtaining the benefits you deserve.
If an insurer denies your long-term disability claim, you can appeal that decision. Start by reviewing the denial letter. ERISA requires the insurer to explain the denial.
This explanation can help you understand how to focus your appeal. Sometimes, insurers deny injury cases due to a lack of evidence, which is often easy to correct. In that case, you can work with your doctor to collect medical records that support your disability.
If you need to file an appeal, make sure you are aware of the deadlines. ERISA deadlines are strict, and missing one can make it impossible to pursue your claim.
Consult with a Dunedin attorney with knowledge of disability disputes. We can help you gather evidence to support your case and handle the appeal process on your behalf.
Having a disability application denied can be confusing. Many applicants think they should ask their employer’s human resources representatives for help. However, HR works for the company, not the employees.
Instead, you should seek the help of a Dunedin disability dispute lawyer. At Herman & Wells, we believe in representing people who have been unfairly denied disability benefits. We know how stressful this process can be, which is why we prioritize communication. Our attorneys check in with clients at least once every 30 days, so you always know where your case stands and what to expect next.
You have options, and we are here to help you fight for what is rightfully yours. Contact Herman & Wells to schedule a free consultation and learn more.
