Long Term Disability
At The Bernstein Law Offices we are committed to even the playing field when it comes to obtaining long term disability benefits. For many claimants the process can be overwhelming. Many claimants feel like they are jumping through hoops for their insurance company in order to obtain benefits. Too often, our clients are told by their insurance carriers that additional medical information is needed despite the fact that they have sent everything to them on multiple occasions. Or, the insurance carriers require that claimants submit to medical exam with a physician chosen for you by the insurance company, even though the claimants own physicians have already stated that the claimant cannot work. Often, the insurance companies' in-house medical staff is still reviewing the file months after everything they requested has been submitted. In the meantime, we know that our clients' medical condition is getting worse, and the stress they put you through only makes you feel worse.
We have heard many stories like these and others. We have a thorough understanding of the disability benefits process. It is important that you consult an attorney to determine what specific law governs your disability claim. Most long term disability claims are governed either by ERISA (Employee Retirement Income Security Act of 1974) or the state laws in the jurisdiction you reside. This will depend on the type of policy you have and how it was obtained.
The most important step a claimant can take in this process is to consult an experienced long term disability attorney. For claimants who have obtained their insurance policies through their employers, it is imperative that they understand what ERISA is and how it affects their rights. It is very common for claimants to go through the long term disability appeal process with their insurance company and find out they have either been denied or terminated and they have exhausted their administrative remedies. At this point, the only option is to file a lawsuit in federal court under ERISA. ERISA is generally not a plaintiff-friendly law and limits a person's rights as to what evidence can be presented in Court. It is crucial to be proactive in this process from the beginning of your application and not to wait until the insurance carrier has issued a final denial in your claim.
In some cases, we are able to negotiate lump sum buyouts of long term disability policies without going to court where both the claimant and the insurance company wish to end the relationship and the parties are able to agree to a lump sum payment to end the dispute. For others, going to Court is the only option, and our firm is experienced in representing claimants in court who have been denied long term disability benefits. Whether you have just applied for long term disability benefits or have been denied already by your insurance company you should contact an attorney right away.
Call The Bernstein Law Offices today at 1 (800) 313-0213 and find out if we can assist you with your case or if you would like to discuss this matter with an attorney, click the form below and someone from our office will contact you for a free phone consultation. You can also call us anytime to schedule an appointment.