A Prudential long-term disability lawyer from Marc Whitehead & Associates is the David that you need on your side to fight Prudential. Receiving a Prudential disability claim denial is not easy. The good news, however, is that a long-term disability claims denial is not the final word and you still have a right to appeal and obtain the benefits you rightly deserve. You are not alone – gigantic insurance companies like Prudential have a habit of denying claims like yours to fill their pockets. Our lawyers are prepared and qualified to go to bat for you during the appeals process. Do not delay and call us today to discuss your case for free.
Prudential Long Term Disability Policy
Although Prudential is required to deal with you in good faith, their ultimate goal is to pay our as few claims as possible, and a key strategy of their adjustors is to send you a letter notifying you of your Prudential disability claim denial.
The company’s claims adjusters will review your file to look for anything which would undermine the strength of your Prudential long term disability claim. Different types of tactics are utilized to undermine your claim:
The company’s claims adjusters will review your file to look for anything which would undermine the strength of your Prudential long term disability claim. Different types of tactics are utilized to undermine your claim:
- The insurance company will go through your medical file to undermine your medical condition and make it look less severe than it is.
- Sometimes insurers might even hire investigators to follow you around and find something that would undermine the strength of your Prudential long term disability claim.
- When all else fails they might use deceptive tactics like drowning you with paperwork to complete, in order to dissuade you from continuing to pursue your claim.
The goal is to not pay and somehow deny your claim. This is how many insurance companies increase their profits, by not paying even if it’s a legitimate disability claim.
Recognizing Insurance Bad Faith
Like all other insurance companies, Prudential is bound by laws and regulations that require the company to evaluate disability claims fairly and ethically. If your claim is clearly within the bounds and definitions of your disability policy, Prudential is legally obligated to pay disability benefits to you.
Regretfully, there are times when Prudential and other insurers create pretexts for denying an otherwise valid disability claim. Bad faith actions on the part of Prudential could include:
- Not investigating a claim
- Failing to review and evaluate claim documents fairly
- Delaying claims decisions for lengthy periods of time
- Withholding important information from a claimant
- Underpaying benefits under false premises, such as a disability is only partial
Under these and other circumstances, the insurance company may be liable for bad faith or fraudulent denial of a legitimate claim.
In Texas and many other states, an insured party whose disability claim has been denied in bad faith will have a cause of action against the insurance company if the facts show that the company unreasonably denied or delayed payments on a claim, and knew or should have known that it had no reasonable basis for doing so.
Do not hesitate to contact an experienced disability claims denial attorney if you believe that your disability insurer has denied your claim for bad faith reasons. If the facts of your case demonstrate bad faith, your disability insurance carrier may be liable for damages above the limits of your policy, including damages for your emotional distress and economic loss.
You may also be entitled to recover interest on benefits payments that are owed to you, and your fees and costs for bringing a lawsuit. In rare cases, you may be eligible for punitive damages.
A claimant’s deadline for filing a claim for bad faith denial of disability benefits will depend on whether the claim is tort- or contract-based. Tort claims are subject to shorter limitations periods of two to three years, as specified by the laws of the claimant’s home state.
In every case, you should consult with a disability claims denial lawyer as soon as possible after your insurer had refused to pay you the disability benefits you deserve. If you miss a filing deadline, your insurance bad faith lawsuit might be dismissed.
Appealing a Prudential disability claim denial
Just because your claim has been denied does not mean that the door has been completely shut. Thankfully there is an appeals process. If Prudential has denied your disability claim then you may have been notified by them via letter. This letter will explain to you why your claim was denied and how you can appeal it. It will also notify you of the deadline to appeal.
You will need to go through Prudential’s internal appeals process before you can sue them in court. Of course, if you are successful in the internal appeal then that will obviate the need to go to Court.
The first thing you should do after receiving notification of your long-term disability claim denial is to request a copy of your file from Prudential. Please be cautious and careful in your discussions with Prudential, as even one wrong word could be used against you. Try to ensure that your communication with the insurance company is in writing, as opposed to being verbal. This is where a Prudential disability attorney will be especially helpful.
An experienced disability claim denial lawyer will understand the ins and outs of the appeals process and be very familiar with the tricks played by the insurance companies in denying claims. In addition, an experience attorney will meticulously review your file and denial letter with you. Your attorney’s objective will be to make your case as airtight as possible so that an internal appeal with Prudential is successful.
In order to fulfill that objective, more evidence might be needed which will make your case stronger. Some of the things which might strengthen your case include:
- Medical Tests – undergoing further medical exams which would prove the severity of your injury.
- Statements – obtaining statements from your family members/friends which attest to the effect of your medical condition on your daily life. Statements from your employer which show how your medical condition has affected your job.
Evidence like this will make your case stronger and increase the odds of a successful appeal.
Contact an experienced Prudential Long-Term Disability Lawyer
Marc Whitehead & Associates are the long term disability lawyers you need to fight back when your claim is denied. We have been helping people just like you nationwide for 30 years. Our main offices are in Houston, with satellite offices throughout the great state of Texas. Please do not hesitate to reach out for a free consultation today in order to determine how best we can help you during these trying times.
