When you are applying for ERISA disability benefits, the insurance company that would pay out the claim has the initial say about whether you are entitled to benefits. This creates a situation where many initial benefit claims are denied, often wrongfully. This is why you need a West Chester long term disability lawyer for your case.
After your claim is denied, the first thing to do is take a deep breath and focus on the appeals process ahead of you. If you do not already have long-term disability lawyers on your side, now is the time to hire one. The appeals process is complicated, and the insurance company brings its own legal firepower to the table.
The initial step of the process is appealing your denial to the insurance company itself. If they rejected your claim because there was a misunderstanding or incomplete information, now is the time when you can clear up the issue and show that you qualify for benefits. Sometimes, you can qualify for benefits by better explaining your side of the story to the insurance company.
However, the insurance company is far from on your side. They are paying attention to their own bottom line, and the more claims they pay, the less money they make. They are required to give you a reason for the denial. Beyond that, they tend to be sticklers for details. Insurance companies might even hire people to observe you and talk to your friends so that they can have further ammunition to deny your claim.
When you are filing an long-term disability appeal, you should treat it very carefully. In many cases, after the internal appeal stage, you will be unable to add much if any information to your file if your case ends up in front of a judge. You should submit all relevant information, including:
If your internal appeal to the insurance company is not successful, you still have legal options. ERISA gives you the right to file a lawsuit against the insurer after you have exhausted all administrative appeals. A judge will consider the record of your appeal to the insurance company and decide whether the insurance company wrongfully denied your benefits. Generally, your attorney will need to work with the exact record that the insurance company considered to persuade the judge.
If the insurance company does not approve your claim, you need legal help to contest their denial. The Garner Firm has experienced attorneys with a track record of assisting benefit applicants who have been unfairly denied benefits. Contact us today to schedule your free consultation so that we can discuss a legal strategy for getting you disability benefits.
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.
Adam and his team are great. They did an excellent job helping my family when we were really losing hope. Adam is very professional and has excellent knowledge to protect your rights. If you choose Adam you will talk directly with him. It was a truly pleasant experience. I’m extremely thankful that I chose the Garner firm. I highly recommend them.
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
This review is long over-due!
If you’re looking for professional and sound legal advice, The Garner Firm is where you want to start!
Throughout my relationship with The Garner Firm, there was never a time that I felt uninformed where my case stood. Attorney Adam Garner focuses on making sure his clients are well informed throughout their legal battle. I can reassure any prospective clients that Adam will maximize all his resources and fight to the MAX in order you’re reasonably compensated.
I invite you to take the opportunity to contact The Garner Firm – YOU WILL NOT REGRET IT!