What are your legal rights to private disability, when your insurer denies your claim?
Insurance companies often use underhanded tactics to reject and delay claims for long term disability insurance. Many people come to us feeling defeated, angry and distraught after their claim was denied.
If your insurance company has wrongfully denied your claim for benefits, you must not give up. Talk to a private disability attorney who holds a highly successful track record in these matters. It is important that you obtain experienced legal representation immediately.
When a claim is denied, your legal rights to private disability insurance depend on several factors.
If you purchased a long term disability insurance policy directly through a private insurance broker, it is governed by state contract and bad faith law. If you have a group disability policy through your employer, it is governed under Federal ERISA law and procedures.
When appealing denied disability claims, there are significant differences affecting the legal rights to private disability policies governed by ERISA law versus private disability governed by state laws.
Under a non-ERISA disability claim:
- You are allowed a jury trial.
- You are allowed to fully engage in evidence and discovery.
- You may file a lawsuit seeking benefits plus punitive damages against your insurer for bad faith.
With policies that fall under federal ERISA law, your rights and options are firmly limited:
- You are not allowed a trial by jury.
- Strict limitations apply as to when evidence can be introduced; the administrative appeal is generally the only opportunity you have to submit evidence of disability.
- Only after the administrative appeal is exhausted can you file a lawsuit against the insurer.
- You are not allowed to seek punitive damages against the insurer.
Have You Been Denied?
Do not give up!
Request a Free Case Evaluation
or call 800-562-9830 now!
No fees unless we win for you.
Protect Your Legal Rights to Private Disability
The insurance company will lead you to believe that your case is defeated and you have no recourse. They may hold out until forced by the court to give you the benefits you are entitled to. They will use medical records, employer’s statements, vocational evaluations, and any other evidence they believe is relevant to your claim.
If you have been denied a private disability claim, do not sign anything from the insurance company without first talking with us.
To ask a lawyer about your legal rights to private disability, call 800-562-9830. This critical consultation is absolutely free and without obligation.
It makes no difference whether your case is under state or federal court. Private disability lawyer Marc Whitehead is highly familiar with state disability insurance laws and the complexities of federal ERISA law. We can help you no matter where you live.
We know how to handle insurance companies, such as Unum, Aetna, Liberty Mutual, Prudential and the rest. We have the skills, knowledge and strength to fight for your case from beginning to end.
Ask Us About Your Claim Today.
If you were denied long term disability benefits, Social Security Disability or Veterans’ Disability Compensation, we are prepared to help you now. 1-800-562-9830