Facing a debilitating injury or illness is a daunting experience that not only takes a physical and emotional toll but also threatens your financial security. When you or a loved one becomes disabled and unable to work, the mounting medical expenses and lost income can quickly create an overwhelming burden.
Long term disability insurance is designed to provide a vital safety net during these challenging times, offering income replacement and protecting you from financial ruin. However, insurance companies frequently prioritize their profits over the well-being of policyholders, routinely denying or underpaying legitimate claims. That’s where a Texas long term disability attorney can help.
Whether you’re navigating an employer-sponsored ERISA claim or an individual disability insurance plan, Marc Whitehead & Associates can navigate the complex legal landscapes. From meticulous policy analysis to building compelling cases supported by medical evidence, our Texas disability lawyers leave no stone unturned when handling your case.
Long Term Disability Claims in Texas: ERISA Group Disability Claims Vs. Individual Disability Claims
ndividual long term disability policies are private insurance contracts purchased directly from an insurance company outside the scope of ERISA regulations.
- Individual disability claims are governed by state laws, including contract law principles and consumer protection statutes.
- The claims process is typically more flexible, allowing for the submission of additional evidence and information throughout the process.
- If a claim is denied or underpaid, legal action can be pursued in state court, where a jury trial may be available.
- In state court, the insurance company’s decision is not given deference, and the burden of proof may shift to the insurer to justify its denial or termination of benefits.
- State laws may provide additional remedies, such as damages for bad faith conduct or statutory penalties, which are not available under ERISA.
As Texas long term disability lawyers, we understand these distinctions and tailor our legal strategy accordingly. For ERISA claims, meticulous compliance with administrative procedures and building a comprehensive administrative record are critical.
For individual disability claims, state law remedies and the potential for a jury trial may be leveraged to hold insurers accountable for improper denials or underpayments. Regardless of the type of long term disability claim, our team can navigate the complexities and fight to secure the benefits you deserve. Call us today to learn more.
For a free legal consultation, call 800-562-9830
How Our Long Term Disability Attorneys in Texas Can Help
When faced with a long term disability, having a Texas lawyer by your side can make a significant difference in securing the benefits you deserve. Insurance companies often employ tactics to deny or underpay legitimate claims, leaving individuals and families in a precarious financial situation when they are already struggling with the challenges of a disabling condition.
A lawyer can provide invaluable assistance throughout the claims process, from initial filing to appealing a denial. Here’s how a lawyer can help:
Reviewing and Understanding Your Policy
Our legal team will thoroughly review and analyze the specifics of your Long Term Disability insurance policy, ensuring that you understand your rights and the insurer’s obligations.
Gathering and Presenting Evidence
Your lawyer will work closely with you and your medical providers to gather and present compelling evidence supporting your disability claim. This includes obtaining detailed medical records, expert opinions, and documentation of your functional limitations.
Handling Administrative Appeals
If your initial claim is denied, your lawyer will navigate the complex administrative appeals process, ensuring that all deadlines are met and that your appeal is supported by a comprehensive and persuasive case.
Negotiating Settlements or Lump-Sum Payouts
In some cases, your lawyer may be able to negotiate a favorable settlement or lump-sum payout from the insurance company, providing you with the financial resources you need without the need for further legal action.
Litigating in Court
If administrative appeals are unsuccessful, your Texas long term disability lawyer can file a lawsuit against the insurance company in state or federal court, depending on the type of policy you have (ERISA or individual). They will build a strong legal strategy and advocate tirelessly for your rights in court.
Seeking Additional Remedies
In cases involving bad faith conduct or unfair claims practices by the insurance company, your lawyer may be able to pursue additional remedies, such as penalties or damages, under state consumer protection laws.
Contact Us to Connect With Our Long Term Disability Team in Texas
The team at Marc Whitehead & Associates has witnessed firsthand the devastating consequences of these denials. Families already struggling with the challenges of disability are left grappling with depleted savings, the risk of losing their homes, and the potential for bankruptcy—all while trying to focus on their health and recovery.
When the financial future of you and your loved ones hangs in the balance, you need a tenacious legal advocate in your corner. Our Texas long term disability attorneys are committed to fighting tirelessly for the rights of disabled individuals and their families, ensuring they receive the benefits they are rightfully owed. Contact us today to get help.
Call or text 800-562-9830 or complete a Free Case Evaluation form