Lawyers Handling Denials of COVID-19 Disability Insurance Claims
Do You Suffer from Long COVID and Your Insurer Will Not Pay?
Have you filed a claim for long-term disability (LTD) insurance due to persistent COVID-19 symptoms, only to have it denied? If so, you may worry about your options, particularly when it seems like there is no end in sight for your suffering. In the meantime, you likely have been unable to earn any income.
Many people with long COVID suffer from impairment so significant that it interferes with daily activities, including work. If you have long-term or short-term disability coverage through your employer or have purchased either individually, it is crucial that you file a claim under that coverage to ensure your benefits are eventually paid.
Our attorneys at Kantor & Kantor understand your stress and fear when your long COVID claim is denied. We recognize your challenges and are committed to meticulously reviewing your case, ensuring accuracy and consistency. We understand that even seemingly minor oversights can have significant consequences and are dedicated to rectifying them. We offer a free case evaluation to discuss how our attorneys can assist you. Contact us now at 818-886-2525.
How Is “Long COVID” Defined?
Long-term disability benefits are available after an injury or illness keeps you from working for 180 days. In some cases, short-term disability benefits may provide immediate support. Given the unique nature of long COVID, characterized by symptoms persisting long after the initial illness which can range from mild to severe, navigating disability benefits can be complex.
While insurers deny LTD claims for various reasons, the primary source of complexity is that the medical records used in treating your medical conditions are not designed to support disability claims, at least according to LTD insurers. As such, proving that long COVID is as impairing as you allege it to be will be our primary focus when managing the denial of your LTD claim.
If you have long COVID, you are not alone. In fact, you are among millions. Given the many people suffering from the illness, LTD insurers are even more inclined to deny claims and save money.
Symptoms of Long-term COVID
Long COVID refers to the persistence of symptoms following the initial illness. Notable symptoms include:
- Post-exertional malaise (PEM)
- Fatigue
- Brain Fog (difficulty thinking or concentrating)
- Dizziness on standing
- Gastrointestinal symptoms
- Loss of or change in smell or taste.
In addition to the physical and cognitive symptoms, many individuals may also face challenges related to their mental health. A significant number of people grappling with long COVID or other physical issues are likely to experience mental health concerns as a result.
Unfortunately, many LTD policies limit benefits to two years or less if mental health issues cause a disability. As a result, LTD insurers love to classify disabilities as mental health-related, even when they have a clear physical basis. LTD insurers frequently target claimants who suffer from long COVID and other fatigue-related illnesses, such as ME/CFS, not just for claim denials but for claim “misclassifications,” which improperly classify these physical illnesses as mental health-related.
If your long COVID claim was misclassified as a mental health issue, and your benefits have stopped or will stop in the future as a result, we can help.
Our attorneys at Kantor & Kantor will help you gather all medical records and other documentation to help you fight your long COVID claim denial for the LTD benefits your plan should provide.
Many Americans With Long COVID Need Their LTD Benefits
How Many Americans Can We Expect to Have Long COVID?
Recent data collected by the CDC National Center for Health Statistics in their “Household Pulse” survey2 estimates that about 10% of those who initially contracted COVID continue to suffer long COVID symptoms. This number is expected to grow as time goes on.
Insurance companies seek to protect profit by denying LTD claims. This is true for any number of health conditions. When it comes to the relative newness of long COVID and the challenges of diagnosis, insurers are even more inclined to deny claims for sufferers of long COVID.
Too often, LTD insurers unfairly deny claims. They do not want to cut into their bottom line by covering your costs. To challenge a denial of your LTD claim for long COVID, you need an attorney who fights and defeats disability insurance providers. Kantor & Kantor is your best choice to fight your denial.
Why Call Kantor & Kantor?
We have developed a national reputation for winning LTD cases by always putting our clients first and fighting incredibly hard. We have unparalleled experience using the law to protect our clients and obtain the benefits they deserve. Our attorneys have experience dealing with various constantly evolving strategies insurance companies use to deny claims. We know how to counter them and win.
Kantor & Kantor is a California-based law firm that helps clients nationwide. We are renowned in the industry for providing our clients with unparalleled advocacy. Over the past two decades, we have repeatedly demonstrated that when a client is represented by Kantor & Kantor, the defendants are in for an unmatched legal battle. Our track record of success is a testament to our extraordinary prowess as skilled litigators, a fact well-recognized by insurance companies who have witnessed our expertise firsthand.
TIPS FOR PEOPLE WITH LONG COVID
Learn about these 10 steps to help you win a disability case when you suffer from long COVID.
How Kantor & Kantor Can Help You
Our Attorneys Fight for People Whose COVID Claims Were Denied
Fighting a denial for a long COVID-19 claim can be challenging, potentially necessitating exceptional knowledge of state insurance and bad faith law. This is particularly the case if ERISA does not govern the policy. An insurance company is considered to act in “bad faith” when it fails to provide reasonable grounds for denying a claim.
Unfair outright claim denial is one problem you may face as a long-hauler. Another is when your insurer underpays your claim or unduly delays payment. Meanwhile, you are on the hook for your monthly bills, unsure when your LTD claim will ever be paid.
Here are a few reasons why you should come to Kantor & Kantor to fight the denial of your long COVID claim:
- We have an unparalleled record of winning. We handle ERISA cases, assisting thousands of clients in securing the benefits they are entitled to under their policy coverage. Our expertise in ERISA cases sets us apart, and our commitment to ensuring that clients receive their rightful benefits is unwavering.
- We are ready, willing, and incomparably able to take cases to court and win. We have successfully litigated a wide range of health insurance denials.
- We are not intimidated by insurers. Unlike competitors who may opt for swift settlements at lower amounts, we understand the true potential value of a case and vigorously pursue the maximum compensation possible.
- Our attorneys possess unparalleled expertise and knowledge of federal and state insurance laws. With a level of experience that sets us apart, we are well-equipped to navigate the complexities of insurance regulations and provide exceptional legal counsel.
- See what our past clients have said about how we helped them.
- Learn more about how we can help you with the denial of your long COVID claim for LTD benefits.
Look at our more detailed discussion about choosing an attorney for a denied long-term disability claim. Contact us at 818-886-2525 to discuss your long COVID-19 claim denial with an attorney. We will explain your legal options and the next best steps to take.
The Unique Challenges and Demands for Long COVID With Employer Insurance
Federal Laws Govern Employer-Sponsored Policies That Deny COVID Claims
There are legal options to fight the denial, and our team at Kantor & Kantor knows what they are and what tactics to use. If your employer provides your coverage, the insurance company is likely governed by a federal law known as the Employee Retirement Income Security Act of 1974 (ERISA)3. Although it was originally promulgated to protect workers’ retirement benefits, subsequent legal cases expanded its reach to cover other forms of insurance, including long-term disability.
Under ERISA, claims are handled differently than for those with individually purchased policies or policies provided by governmental or religious employers, who are exempt from ERISA. It is helpful for you to understand critical aspects of ERISA, most notably that if your claim is denied, you likely must file an appeal within the deadline prescribed by the insurance company before you can challenge the denial in court. Further, the information available to fight your case in court, should your claim appeal be denied, is limited to what was provided to the insurance company during the claim and appeal, making legal representation before or during the appeal process extremely important for many claimants.
There are many added complexities to ERISA cases that require expertise in this area of law. Our attorneys at Kantor & Kantor have this specialized knowledge and experience.
RESOURCES FOR THOSE WITH LONG COVID
Even basic daily activities can be hampered and seem almost impossible when you suffer from long COVID. Medical professionals have created some helpful resources for navigating life with long COVID. You need LTD benefits now, but in hopes that your condition becomes more manageable over time, you may need this information. See our long COVID Webinars and Resources.
Turn to Our Trusted Team of Attorneys
Do Not Take “No” for an Answer. We Will Help Fight Your Long COVID Claim Denial.
When you suffer from long COVID, you may believe the battle with your insurance company could be equally as long. It does not have to be. When you obtain skilled legal counsel from Kantor & Kantor, we will fight to get full payment of your claim. The point of having LTD insurance is to give you peace of mind that your bills will be paid when you are at your most vulnerable and unable to work.
Our attorneys at Kantor & Kantor are simply people helping people. You will quickly learn that our compassionate team understands your situation. We are committed to fighting insurers who unfairly deny claims. We want you to get the LTD benefits you deserve . . . now!
Long COVID is a tough battle and takes a daily toll. You should not have to use what energy you have left to fight denied insurance claims. We will do it for you. Call us at 818-886-2525 today, and let’s talk about your case.
Sources
1National Institutes of Health. RECOVER: Researching COVID to Enhance Recovery. https://recovercovid.org
2Centers for Disease Control and Prevention. National Center for Health Statistics. “Long COVID. Household Pulse Survey.” https://www.cdc.gov/nchs/covid19/pulse/long-covid.htm
3Employee Retirement Income Security Act of 1974. (PL 93-406) https://www.govinfo.gov/content/pkg/COMPS-896/pdf/COMPS-896.pdf
Attorney Glenn R. Kantor
Glenn Kantor is a founding partner of Kantor & Kantor LLP. As a young attorney, Glenn saw the injustice of wrongful insurance denials and created a law firm to represent individuals seeking to obtain their rightful benefits. Glenn is committed to ensure that clients receive the benefits they are entitled to under their insurance policies or group health plans. [Attorney Bio]
