Board Certified-Social Security Disability Law
National Board of Social Security Disability Advocacy
Board Certified-Personal Injury Trial Law
Texas Board of Legal Specialization
Appealing Private Disability Claims
The Legal Process for Appealing Private Disability Claims
Like many of our clients, you may have purchased a private long term disability (LTD) insurance plan through an independent broker.
Another common type of long term disability is Group Disability provided as part of a benefit package through your employer.
The main differences between these two types of policies are the procedures involved in filing claims, and the process of appealing private disability claims when they are denied.
The laws that govern and control these insurance policies (and your rights) are quite different. In either case, you expect your insurance company to honor their obligations as stated in the policy.
Unfortunately, insurance companies do not always play fair.
Many LTD insurance carriers are known for wrongly denying valid claims, delaying payments, or terminating existing insurance payments. They issue intentionally confusing policies and find excuses to deny large claims. Their bag of tricks is resourceful. Their goal is to contain costs and increase profits.
You purchase private disability insurance as a safety net, ensuring a vital source of income in the event of a long term illness or serious injury. When insurance companies wrongfully pull the net out from under unsuspecting policy holders, they are acting in bad faith.
When Your Claim Is Denied
If you file a claim and it is denied, it is your right to appeal the denial. Depending upon the type of LTD policy your claim is under - employer-sponsored group disability or individually purchased from a private insurance broker - your legal rights under each type of disability insurance are very different.
The written notice of denial must state the reasons for the insurance company's decision to refuse paying benefits. The appeal process begins with an administrative appeal and may continue to litigation in Federal Court, if the insurance company continues to deny the claim.
When appealing private disability claims, correct preparation is essential to success.
It is of utmost important that you provide complete documentation of your disability to the insurance company. You must engage the full support of your physicians to make sure that thorough, detailed records of your treatment, symptoms, and functional limitations are sufficiently presented.
Should you hire an attorney when appealing private disability claims?
Whether your employer paid for your disability policy or you paid your own way, now is not the time to confront the insurance company on your own. There is too much at stake.
Your right to appeal is ensured. But appealing private disability claims is a complex legal process. The insurance companies will resort to a team of skilled attorneys and a deep pool of legal resources in order to defeat your appeal.
Your chances for winning your case are much stronger when you are represented by a private disability lawyer who has successfully gone face-to-face against the big insurance companies, and intimately understands disability law. Although you may not have heard of our firm, in all likelihood your insurance carrier has.
We serve those who need help appealing private disability claims.
These insurers are not immune from the insurance laws that protect your rights. At Marc Whitehead & Associates, we know how to handle insurance companies. We are a powerful advocate for consumer protection and the rights of the disabled.
Wherever you live, we are able to personally and aggressively represent you and enforce your rights. If you have been denied benefits, consult with us at no charge. Ask us your questions about appealing private disability claims. Allow us evaluate your case.
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Appealing private disability claims for clients across the U.S., Marc Whitehead knows how to fight the insurance companies and win.
If you choose our firm to represent you, our first step is to appeal your denied claim to your insurance carrier for reconsideration. We will be armed with complete documentation and will lay the groundwork for further appeal.
We will be fully prepared when the insurance company tries to reject the claim again. When necessary, we will take your insurer to trial before the court. Wherever it is possible to obtain benefits prior to litigation, we make every effort to do so. Your insurance company may settle the claim upon the threat of litigation or the actual filing of a lawsuit.
Ask a disability lawyer your questions about appealing private disability claims. We welcome your call.