Filed In: Disability Insurance Claims FAQs
California SSI Lawyers • SSD Attorneys • Beverly Hills • Claremont • Los Angeles & Southern California Disability Insurance Experts
 The insurance company has an interest in finding reasons to not pay on your disability claim. If your claim has been denied, or your policy was illegally cancelled you need a skilled trial lawyer to fight your insurance company for you. At Shernoff Bidart Echeverria LLP, our disability insurance denials attorneys stand up and fight for the rights of policyholders whose disabled workers' protection or disability insurance benefits have been denied, delayed, or terminated. |
How does long-term disability insurance work?Long-term disability under a company-sponsored plan usually pays a monthly benefit equal to about 60 percent of an employee's monthly earnings - if the employee is unable to fulfill job duties - for a maximum of 24 months. After that time, the definition of disability often shifts to include any occupation for which a person is trained, educated or suited. Further, to collect payment, you may have to be "Social Security-disabled." This means you cannot do any work for which you are trained, educated or suited. If you aren't Social Security-disabled, your insurance company likely will claim you can work in some capacity, such as monitoring video or stuffing quilts. If you are a disabled employee and your group insurance carrier denies your legitimate claim, and your home is foreclosed on or your equity is extinguished, your credit will be destroyed. You cannot collect those damages under ERISA. When employees are denied their benefits, ERISA eliminates their right to a trial by jury and to punishment damages for emotional distress. There also is no discovery under ERISA, so you won't be deposed, your doctor won't testify, and your friends and loved ones cannot testify on your behalf, either. Finally, under many group disability policies, you must prove beyond a reasonable doubt the insurance company was wrong. This is difficult when there is no discovery. |
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Many people think when they are initially denied their benefits all they have to do is write a short letter to the insurer asking that their claim be reviewed on appeal. In reality, you generally must do more, including:
The burden of proof shifts to the insured once the denial is authored. We are passionate about helping disabled people obtain the disability benefits they deserve. We're known for filing disability benefits lawsuits that other law firm's wouldn't touch. If you need help, contact our attorneys today for a free consultation. More Insurance and Legal FAQs: |
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