Federal law provides for long-term disability benefits for injured workers. However, just because the law says that you may be eligible for these benefits does not mean that they are easy to get. You may need to file an appeal after your initial claim is rejected.
One important step is to fully understand your long-term disability policy before you apply for benefits. While these must comply with federal law, not every policy is the same. They may have different procedures and terms. For example, the term “disability” can vary from policy to policy, and that can decide whether you are eligible for benefits. You should also closely review the policy to see what the timelines are and how you should submit information. Never hesitate to seek help from a long-term disability lawyer near Villanova.
In addition, you should fully document your claim with medical evidence before you submit your appeal. This is what will form the basis for the insurance company’s decision to grant benefits. They don’t need an extra reason to make your life more difficult, so you should try not to give them reasons.
The insurance company often does not grant these benefits easily. They may do things like hire investigators to follow you to see if you are really disabled. The law does not punish them for rejecting claims, so they may do so to force you to appeal. This is when you will go through the appeals process. You should have a lawyer to help you because the appeal is critically important.
First, you should understand why the insurance company rejected your claim. They will give you a reason. Some cases may be easily cleared up by providing missing information. Other cases require a fight because the insurance company does not think that you meet the policy requirements. Common reasons for rejecting benefit claims include:
You must put your strongest foot forward during the appeals process. Unlike other types of insurance claims, the ERISA appeals process has a direct bearing on your legal rights going forward. You must fully present evidence and develop the record at the appeals stage because you will not get another chance in the future.
If you lose your appeal, you can file a lawsuit in federal court. However, the judge can only consider evidence that was introduced to support your appeal. You cannot add anything new to the record, and the judge will only determine whether the appeals board made the wrong decision based on the evidence that they saw.
The Garner Law Firm fights for injured workers to receive a fair shake from the insurance companies and courts when they apply for benefits. Contact us today to schedule your free initial consultation, so we can discuss your case.
Adam helped me with my LTD case. His knowledge and thoroughness was outstanding. He communicated every aspect of the process and case in an extremely detailed and timely manner. He also took the time to answer any questions I had as a person going through it for the first time. I could not recommend him more for anyone in a similar situation.
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Adam Garner provided excellent courteous and considerate service in helping me resolve a long term disability claim. He was accessible, knowledgeable and exercised the good judgement necessary for us to be successful. I heartily recommend his expertise and services
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