Long Term Disability insurance through Guardian can replace a significant percentage of your pre-disability income when you are injured or ill. Unfortunately, Guardian can deny your claim, sometimes for reasons people struggle to understand.
We have a strong history of successfully getting Guardian to pay claims just like yours. Our Guardian Long Term Disability lawyers can review your denial letter, help you take the next steps in the appeals process, and stand up against bad-faith dealings.
Marc Whitehead & Associates has been fighting for the rights of disabled Americans since 1992. We’re here to help you get the benefits you’ve paid for with insurance companies such as Guardian. Call today for your free consultation.
Call or text (800) 562-9830 or complete a Free Case Evaluation form
Why Choose Our Guardian Long Term Disability Claim Lawyers?
Our team handles cases across the United States. That means we’re able to help when you need us, with no travel necessary on your part. It also means we have experience working with a wide range of clients and circumstances.
Some additional reasons to choose our Guardian Long Term Disability attorneys for Long Term Disability appeal help include:
Contingency Fee Billing
We work on a contingency fee basis for denials, so you don’t pay unless we win your case. There are no upfront costs, and our fee will be a pre-arranged percentage of your award once we recover money.
A Dedicated Team
You’ll work with a case manager who keeps everything on track. This leads to better communication and less stress for you during the process. Our team also includes medical records specialists who understand the evidence you’ll need.
A Range of Experience
Our team has over 120 years of combined experience in disability law, including Long Term Disability, Social Security, and Veterans Disability claims. This helps us build stronger cases and understand the struggles you are facing.
Extensive Investigation and Research
We collect medical records, consult experts, and organize your case. This gives your claim the best possible support from the start and eases your burden. You don’t need to take on Guardian alone. Our LTD lawyers will be there with you through every stage of your claim.
For a free legal consultationwith a guardian lawyer serving Nationwide, call (800) 562-9830
Guardian Claim Denial Tactics
Insurance companies may deny claims for legitimate reasons that are easy to address. But sometimes, insurers engage in bad-faith practices. Our Long Term Disability lawyers for Guardian claims will investigate the reason for your denial and take the appropriate actions.
Here are common tactics Guardian may use to deny your Long Term Disability claim:
Dismissal of Your Doctor’s Opinions
Guardian can use its own medical consultants to review a case without examining the claimant. Your treating physician’s opinion is valued less than that of a hired doctor who only reviews your paperwork.
Disputing Claims Using Irrelevant Evidence
Guardian may demand objective medical evidence, such as lab results or diagnostic images, for conditions that are diagnosed primarily through clinical judgment. This is particularly relevant for conditions such as chronic fatigue syndrome and mental health issues.
Questionable Surveillance Tactics
Guardian often collects video surveillance or social media activity. They may use this footage or your statements out of context to argue that you are not disabled, ignoring the full context of your daily struggles.
An Exhausting Claims Process
Guardian may use procedural tactics to wear you down when you are already under physical, mental, and financial stress. This includes excessive paperwork requests, missed communications, delays, and intense scrutiny of job duties and finances.
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How to File a Guardian Disability Appeal
The Employee Retirement Income Security Act (ERISA) governs most employer-sponsored group benefit plans. If your claim is denied, the appeals process must follow ERISA’s strict guidelines. Contact our team as soon as possible so we can help you through the next steps:
- Review your denial letter: Carefully read the letter to understand the reason for your claim denial and confirm your deadline to appeal. Under ERISA, you typically have 180 days from the date of the denial.
- Request your full claim file: You have the right to request, free of charge, a copy of your entire claim file, including internal notes, medical reviews, and all documents the insurer used to make its decision.
- Gather updated medical evidence: Submit updated medical records, functional evaluations, and written statements from your treating physicians explaining how your condition limits your ability to work.
- Include personal and witness statements: Statements from family, friends, or coworkers who observe your daily challenges can provide valuable real-world context. These details help show Guardian the full impact of your condition.
- Prepare and submit your appeal: Submit all appeal materials before the deadline using a method that confirms delivery. Keep copies of everything for your records.
- Wait for Guardian’s decision: Once Guardian receives your complete appeal, they must issue a decision within 45 days. If special circumstances arise, they may take one 45-day extension.
Guardian Long Term Disability Denial FAQs
Leveling the playing field with a big insurance company is one of the top reasons you need a Long Term Disability lawyer. Here are some additional concerns our clients often face when dealing with Guardian Long Term Disability insurance denials.
Can You Sue Guardian?
You can sue Guardian if your Long Term Disability claim was wrongfully denied. This is typically done through an ERISA lawsuit after following the appeals process, or a bad-faith insurance lawsuit.
Why Would Guardian Deny My Long Term Disability Claim?
Common reasons include insufficient medical evidence, pre-existing conditions, missed deadlines, lack of objective proof, non-compliance with treatment, or your condition not meeting the policy’s disability definition.
Can Guardian Request an Independent Medical Exam (IME)?
Yes, Guardian often requires an IME by a doctor they choose. These exams can influence claim decisions.
Does Guardian Monitor Me Through Surveillance?
Guardian may use surveillance, social media checks, or private investigators to look for evidence that contradicts your claimed limitations.
Get Help From Our Guardian Long Term Disability Attorneys
When you are injured or ill, Long Term Disability insurance can make a tremendous difference in your life. You can continue to pay your bills and get the care you need. Unfortunately, insurers like Guardian sometimes make the claims process more difficult than it needs to be.
If Guardian denies your claim, don’t give up. You can file a disability appeal under ERISA regulations. If your appeal is unsuccessful, our Guardian Long Term Disability attorneys can take your fight to court.
Call today for your free consultation and learn how our legal team at Marc Whitehead & Associates can help.