Long Term Disability Insurance Attorneys
Helping You Recover the Benefits You Deserve
If you're dealing with a denied claim, we can help get your disability insurance benefits paid. There are many different types of disability benefits. Workers Compensation, Social Security and Short and Long term disability policies are issued to individuals and employers. In the disability field, we work exclusively with people who have had their long and short term disability claims denied.
Call us at (877) 220-0556 to see if we can help!
ERISA & Disability Laws in California
ERISA, the acronym for the Employee Income Retirement Security Act of 1974, was designed to protect employee rights. That means that all insurance lawsuits concerning long term disability, short term disability, health and life insurance provided by an employer are governed by federal laws, not state laws. When an employee seek the services of a disability insurance lawyer after a claim is denied, it's important to find someone who knows ERISA inside and out.
We have successfully represented people in both ERISA and individual disability cases over the past 18 years. The denial of a disability insurance claim is one of the most financially devastating events that can happen to a disabled person. The private disability insurance attorneys from Kantor & Kantor, LLP are experts in California state laws for those who have purchased individual policies, but we also specialize in the federal law ERISA that governs employer-provided benefits.
In both cases, the need to pursue the reversal of these denied claims in a timely manner is extremely important for the following reasons:
- You may be required to respond to deadlines during the appeal process
- You may be in dire need of money to pay for day-to-day expenses that are currently not covered by your health care policy
- Your condition may be degenerative, and you may quickly forget details that are important to your disability insurance law case
First, don't give up! It may not be easy, but it is possible to appeal a denial. If your long-term disability benefits are provided by your employer, you're required by federal law to exhaust all administrative appeals before filing a lawsuit. The following steps will help make the process as smooth as possible.
- Carefully read your denial letter. Make sure you are clear about the exact reason for denial. If, for example, your claim was denied because you were missing documentation, then you may be able to simply submit the missing information and receive your LTD benefits. Pay close attention to deadlines. Missed deadlines give the insurance companies an easy reason to dismiss your claim - don't give them the opportunity!
- Stack your administrative record with as much favorable evidence as you can. Once you have exhausted all administrative appeals, the record on your case is closed, so no new evidence will be considered by a judge if you end up in court. Take this opportunity to submit all relevant medical records such as physician notes, emergency room records, and surgical reports. Written opinions about your physical and/or mental well-being from your doctor are helpful. You can also have any caregivers write a detailed letter to the insurance company explaining how they have to help you on a daily basis.
- Speak to a lawyer as soon as you can. Insurance companies are counting on the fact that the general population is unfamiliar with the disability claim process. Getting legal representation from an experienced long term disability insurance lawyer can significantly improve your chances of a successful appeal.
Contact our ERISA long term disability lawyers today to schedule a complimentary case consultation.