Roberts Disability Law represents beneficiaries or survivors against insurance companies who have denied their claims for life insurance benefit payments. Our attorneys specialize in life insurance policies that the Employee Retirement Income Security Act of 1974 (“ERISA”) governs. ERISA usually covers life insurance policies offered through an employer’s benefit plan.
Insurance companies should stand behind the promise of a life insurance policy that it has issued, but in some circumstances, these companies will deny meritorious claims. The last thing you should be thinking about when you have lost someone important to you is fighting for the life insurance benefits your loved one or business partner wanted to leave for you during this challenging time. When this happens, you need an advocate on your side that understands the law and your rights to life insurance policy benefits.
Insurance companies may deny a life insurance claim for several reasons. Sometimes an insurance company will refuse to pay benefits by alleging that the insured committed suicide. In other circumstances, an insurance company will take the position that the insured contributed to his or her own death by engaging in an illegal or irresponsible act that is excluded under the policy terms. Sometimes an insurance company may argue that the deceased misrepresented his or her medical condition at the time of submitting the life insurance application. In those circumstances, an insurance company will find records or other evidence that arguably conflicts with a statement on the application and then deny the claim.
Did you know? Long term disability claimants are frequently eligible for a waiver of the life insurance premium for their life and AD&D policies. It is important to obtain and review the applicable documents to see if this benefit is available.
Our attorneys focus almost exclusively on ERISA law and can help you obtain life insurance benefits if you are the rightful beneficiary of those benefits. Depending on the facts of your case, our attorneys employ different approaches to submitting a successful appeal of a denied life insurance benefit claim. For example, we may help you prove that the insured’s death was an accident rather than suicide. We may also help you prove that the deceased did not contribute to his or her own death or that the circumstances justify a sensible settlement of the claim. Where an insurance company challenges statements made on a life insurance application, we may help prove that the policy was incontestable under California law or that any misstatement was not intentional. Regardless, an insurance company could have conducted its own physical exam at the application stage, which could have uncovered the undisclosed health condition.
Michelle not only won our case for me, but was totally professional, confidence inspiring, and reassuring. I felt I was in really good hands each step of the way. After it was all over and I was receiving disability benefits, my spouse and I looked back in retrospect and felt strongly that we could not have made a better choice in disability attorney for my case. Strongly recommended!
I had this misfortune of being denied long term disability under a ERISA policy through my former employer. I was terrified I was going to end up on the streets disabled with nowhere to go since the condition put me down from work and I lost my employment as a result. I was fortunate enough to have been referred to Michelle Roberts who quickly took my case after a review and I received a very fast response and request from the firm to take over my case. I was relieved as within a matter of just days she was diligently…
I am incredibly grateful for Michelle's expertise, wisdom and innovative approach in helping me navigate a quite challenging, and emotionally charged legal situation. Not only was she on point, intelligent and progressive, she was also compassionate and empathetic to the specific challenges in my case. I truly believe she had my best interest in mind, both immediate and long term, and advised me accordingly. Michelle spent a lot of time understanding the complex issues, researching the latest information and opinions around the matter, and handled the resolution with the utmost confidence and professionalism. I highly, highly recommend her and would…
Michelle is one of the most intelligent, professional to the point person I’ve ever dealt with. She has great listening skills and a gentle way of getting to the root of the issue. As a sales professional for 45 years I could have learned a lot from her.
There’s no question that Michelle is one of the most brilliant lawyers one can have the privilege of working with. She’s a partner and consecutive Super Lawyer, so she’s clearly an amazingly capable attorney. But in my experience, what makes Michelle unique on top of her impressive record is her empathy and passion for helping her clients. Michelle has been there for me in action (not just words) every step of the way and has been an unshakable stand of advocacy for my rights and benefits, independent of whether there was a guaranteed return, which is a rare attribute for…
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