People take out long-term disability insurance policies with their employers in hopes that they will be protected in the event they cannot work due to a long-term illness or injury they may suffer. However, insurance companies, who are most interested in their bottom line, will not think twice about denying a claim for long-term disability benefits. In fact, many insurance companies deny these claims on a claimant’s first attempt. The reason for this is simple. Insurance companies want to try and keep as much of their money in-house as possible and to collect as much money as possible in premiums.
If you are planning on making a claim for long-term disability benefits under an Employee Retirement Income Security Act of 1974 (ERISA) policy, it is essential that you have experienced legal counsel working for you and advocating for your rights and interests. An experienced long-term disability insurance lawyer in Oakland at Roberts Disability Law, P.C., can assist you with pursuing the benefits which you need.
To increase your chances of recovering disability benefits, it is important that you file your claim in a timely manner. Moreover, you should include all of the necessary documentation requested by your insurance company. In the case of disability benefits, you may need to demonstrate that an injury or illness prevents you from working in any capacity. In order to prove this, you will need medical documentation from a healthcare provider who is willing to state his or her opinion to a reasonable degree of medical certainty.
One of the main reasons why insurance companies deny disability claims is because the claimant fails to meet his or her burden of proof. If you file your claim and it is denied, you will have an opportunity to file an administrative appeal with your insurance company.
Appealing a disability benefits denial is a complicated process. Therefore, it is important that you have a long-term disability insurance attorney in Oakland working with you on your appeal and advocating for you. Your lawyer will first be able to review the insurance company’s denial letter with you. That letter will state, with specificity, why the insurance company has decided to deny your claim. The letter will also state the deadline by which we must file your administrative appeal, as well as the documentation which you must include with your appeal.
Your lawyer can help you assemble the necessary documentation and ensure that your administrative appeal is filed in a timely manner. By having an experienced attorney on your side and advocating for you, you increase your chances of success.
Once you have exhausted the administrative appeals process, you have the option of filing a lawsuit in federal court, if necessary. A federal judge who is presiding will have to make a final decision about your eligibility for disability benefits. An experienced long-term disability insurance lawyer in Oakland can advocate for you at your hearing and help you pursue the benefits which you need.
At Roberts Disability Law, P.C., our legal team is committed to zealous advocacy when it comes to denied disability benefits. To schedule a free case evaluation and legal consultation with an experienced long-term disability insurance attorney in Oakland, please contact us online today.
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