When your disability insurance comes through your job, ERISA gives you certain legal rights. Unfortunately, in their zeal to protect their bottom line, insurance companies often try to violate those rights. When that happens, you need an LTD insurance attorney in Philadelphia to help ensure that you get what you legally deserve.
Why Insurance Companies Will Deny Your Benefits Claim
Insurance companies do not make it easy for you to get your ERISA long-term disability benefits. They may even conduct surveillance on you and approach your friends and family to try to get them to unwittingly give statements that can undercut your claim. They may deny benefits for some of the following reasons:
- The claimant has not shown medically that they are sufficiently injured and disabled;
- The claim is incomplete;
- The injury was a preexisting condition and; and
- The claim was excluded by the policy
The disability insurance companies try to put every obstacle that they can in front of you when you are trying to appeal your denial of benefits. They have many lawyers at their disposal who specialize in trying to keep you from getting the disability benefits that you need. However, the insurance company is not the judge and jury, nor do they get the final say on your claim. Otherwise, they would be able to wrongly deny a claim and not be subject to any scrutiny. This is why you need to come to the table with an LTD insurance attorney of your own. This will help level the playing field between you and the insurance company.
How You Can Appeal Your Benefits Denial
The first thing that you need to do is file an appeal of the denial. You must take this process very seriously because the record for the appeal may be the only factual record a court considers in a lawsuit. You should include the following in your appeal:
- Your claim file;
- Extensive medical records that show your injuries;
- Personal statements about your condition;
- Witness statements from people you know; and
- Support from your employer if they will give it
If your appeal is not successful, you will need to file a lawsuit in court to receive your benefits. A judge will review the evidence in your appeal file and listen to your attorney’s arguments about why you are entitled to long-term disability insurance. At all points in the litigation process, your claim is subject to strict deadlines. The timeframes in these cases tend to be short, making it vital to get started on your claim early. When you have earned the right to ERISA disability benefits, you need to be vigilant about fighting back when the insurance company is trying to take them away from you.
Contact an LTD Insurance Attorney in Philadelphia
The Garner Firm represents individuals who are fighting to receive ERISA long-term disability benefits.Contact us today for help with your claim. We understand the appeals process and can help you navigate this complicated process. Your initial consultation is free.