Successfully overturning a denied long term disability (LTD) insurance claim calls for skilled legal counsel against a highly financed and crafty opponent. The McKinney disability insurance lawyers at Marc Whitehead & Associates serve disabled workers in Collin County and throughout Texas.
If you have received a letter of denial from your insurance company, do not give up! Within the denial letter are critical instructions the insurer is required by law to give you. These instructions explain that you have the ability to appeal their decision to deny your claim.
The power to appeal the denial is the most important aspect of your disability case. It represents the only opportunity that you have to fight back. This becomes your chance to put evidence into the record that proves you are disabled.
Representing Group Disability (ERISA) Claims in McKinney
Group disability policies are typically governed by the Employee Retirement Income Security Act (ERISA). The first thing that happens is you go through an internal administrative appeals process. This consists entirely of documentation—medical records, vocational evidence, doctor’s statements, witness testimony and more. A skilled attorney at our firm can help you prepare a well-developed appeal that can stand up in a court of law.
In most ERISA claims, this is your only chance to enter evidence into your record – meaning more records and information cannot be added later. Once the appeal process is exhausted, if the insurance company still denies your claim, you then have the right to file a lawsuit. In this case, the McKinney disability insurance lawyers at Marc Whitehead & Associates will file a lawsuit against the insurer and fight for your LTD insurance benefits.
We cannot overstate the importance of skilled legal representation in the appeal phase of a denied claim. Many insurance companies resort to a playbook of denial strategies to keep from paying benefits.
No one but experienced disability lawyers will be able to prepare for and prevail over such tactics. It is important that you do not handle your own appeal! Developing a fully documented appeal calls for a great amount of work to do before the appeal is ever filed.
Private (Individual) LTD Insurance Claims
Long term disability insurance coverage can also be purchased directly from an insurance provider. Referred to as private or individual disability insurance, these policies feature disability coverage on an individual basis, and may contain various provisions and riders to protect a working professional’s specific needs more completely than a group policy would.
Policyholders must meet the policy’s definition of a disabling condition while they are covered under the policy. Individual disability coverage is not governed by ERISA, but instead falls under state insurance, contract and bad faith laws.
Our attorneys are experienced in handling ERISA and individual long-term disability cases.
What our McKinney disability insurance lawyers will do
We develop and load the administrative record to portray how your condition affects your ability to work and your daily life:
- Collect updated and new medical evidence
- Get your doctor’s testimony to support your disability
- Consult medical and vocational experts for authoritative opinions
- Prove why you can no longer do your job or any job
- Have you undergo a functional capacity exam or other appropriate exam
- Submit photos, medical literature, letters from employers and colleagues and much more as part of the record
- Write the appeal to address every one of the insurance company’s allegations
Contact Us for a Free Consultation
To win you disability benefits, your appeal must be done correctly, and on time. Obtain the best possible chance of winning your claim. We want to help you prevail. There is nothing more rewarding to us than helping fellow Texans obtain the disability benefits he or she deserves.
Learn more about our Texas disability law firm.