Seeking long term disability benefits can be challenging. If an insurer denied your initial claim, do not lose hope. You can hire a San Antonio long term disability lawyer to help you appeal the decision. At Marc Whitehead & Associates, we tailor our legal services to suit each individual client’s needs.
Our San Antonio disability lawyers can file an appeal or even take legal action against an insurance company to seek the benefits you deserve. While our team tackles the legal work, you can focus on your physical health. Call us now to begin discussing your case.
Appealing a Denied Long Term Disability Claim in San Antonio
When your long term disability claim is denied, it can feel like a devastating setback. However, you have options to challenge the insurer’s decision and fight for the benefits you deserve. Our long term disability lawyers are well-versed in navigating the appeals process, whether you have a group disability (ERISA) claim or an individual disability policy.
Filing an Appeal for a Denied Group Disability (ERISA) Claim
If you received a denial of benefits for a group disability claim, we can guide you through the mandatory appeal process. The Employee Retirement Income Security Act (ERISA) has strict deadlines and procedural requirements, so it’s crucial to have an experienced attorney on your side. We will:
- Carefully review the denial letter and the administrative record
- Gather additional medical evidence and documentation to strengthen your case
- Prepare and submit a comprehensive appeal letter outlining the legal and factual reasons for overturning the denial
- Ensure compliance with all ERISA regulations and deadlines
Negotiating With an Insurer for a Denied Individual Disability Claim
If your individual disability policy claim is denied, we can pursue negotiations with the insurance company. Our attorneys have extensive experience in dealing with insurers and understand the tactics they may employ. We will:
- Thoroughly review the policy terms, medical records, and denial rationale
- Compile a persuasive case highlighting the evidence supporting your disability
- Engage in strategic negotiations with the insurer to reach a fair settlement agreement
- Leverage state insurance laws and consumer protection regulations to apply pressure when necessary
Filing a Lawsuit Against an Insurer
In some cases, an insurer may remain unwilling to approve your claim or provide an adequate settlement offer, even after appeals and negotiations. If this occurs, our San Antonio LTD lawyers are prepared to file a lawsuit against the insurance company in court. We will:
- For ERISA claims, file a lawsuit in federal court, presenting a comprehensive legal argument based on the administrative record
- For individual disability claims, file a lawsuit in state court, leveraging contract laws and tort theories to hold the insurer accountable
- Engage in the discovery process, gathering additional evidence and deposing key witnesses
- Represent your interests in court, advocating for the benefits you are owed
Our firm understands the complexities of long term disability claims and the various legal avenues available for appealing a denial. With our experience and unwavering commitment, we will fight tirelessly to protect your rights and secure the long term disability benefits you need and deserve.
For a free legal consultation, call 800-562-9830
Our Long Term Disability Team in San Antonio Offers Various Helpful Services
Our San Antonio long term disability attorneys offer unique services to safeguard your benefits at every stage, from the initial approval to the continuation of payments and potentially negotiating a settlement. Our legal team wants to help protect your financial future when you can no longer work.
Benefit Protection Services™
After your long term disability benefits are approved, insurers will require ongoing proof that you remain disabled. Our Benefit Protection Services™ take this burden off your hands, ensuring you continue receiving payments for as long as needed without interruption.
Lump Sum Buyout
Insurance companies may offer a lump sum settlement instead of ongoing payments. While tempting, these buyouts require careful review as they can be risky or advantageous depending on your situation. Our attorneys provide guidance, ensuring any settlement protects your rights and benefits.
Total vs. Residual Disability Analysis
Most policies distinguish between total and residual disability, with vastly different qualification criteria. Insurers don’t always apply these definitions correctly. We review your policy thoroughly to ensure you are classified appropriately per the policy terms for your specific circumstances.
Do Not Delay or Forgo Medical Care During a Long Term Disability Claim
Maintaining regular medical care allows your healthcare team to closely monitor your progress, adjust treatment plans as needed, and provide updated assessments of your functional limitations. These ongoing evaluations and medical evidence are crucial in demonstrating the ongoing nature of your disability and its impact on your ability to work.
Furthermore, if your LTD claim progresses to an appeal or legal proceedings, a well-documented medical history can be a powerful tool for your attorney.
It enables them to build a stronger case, counter any disputes from the insurance company, and present a comprehensive picture of your disability’s impact on your life and livelihood.
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Call Us if an Insurer Denied Your San Antonio Long Term Disability Claim
Insurers may try to undervalue or deny a long term disability claim for different reasons. Even a simple clerical error can waste precious time in the process of seeking much-needed benefits. You don’t have to worry about the details when you work with Marc Whitehead & Associates. Our LTD lawyers in San Antonio have your back.
When it comes to Disability law, our founding attorney, Marc Whitehead, wrote the book on the subject. Now, we want to put our knowledge and resources to work to help you and your family. Contact us now to learn more about how we can help you and your legal options.
Call or text 800-562-9830 or complete a Free Case Evaluation form