Long Term Disability Insurance
Many people provide for their future by purchasing or having their employer provide a long term disability insurance policy. The purpose of the policy is to provide to you a portion of the income you would have earned if you had not become disabled by injury or disease. Long term disability insurance policies are usually designed to ensure a basic level of replacement income.
The policies usually require you to apply for Social Security Disability Income (SSDI) benefits, or to pursue an injury claim through the courts, to reduce the amount the disability insurance carrier must pay.
In practice, it is often very difficult to get long term disability insurance carriers to pay, especially if there is any doubt about how disabled you are. The disability insurance carrier may well hire doctors whi will say you are not disabled, or that you are not truthful about your claims of disability. To get the benefits you are entitled to, you should get the help of an attorney who specializes in this area of law.
It is important to contact an attorney prior to the last chance to present medical records and reports of your doctors.
That means contacting counsel before your last administrative appeal with the insurance carrier. If you do not, you might be stuck with an incomplete picture of your medical condition, and incomplete description of the restrictions that show you are disabled. If this happens, you will often lose your benefits.
If you are denied benefits, call us to start immediately on your claim. We will review your policy, your medical records, and develop a true picture of the restrictions that make it impossible for you to work. We will work to put together a winning case for you.
You need a specialist to help you with your long term disability insurance claim because there is specialized legislation and case law that applies to these claims. For example, if you received your long term disability insurance coverage as a benefit through your employment, the claim will be governed by the federal law known as ERISA, and normally not by state law principals. Under the ERISA statute you usually are not allowed to add evidence, like medical records, beyond what you presented to your insurance carrier.
You and your doctor do not get to testify in court, and you are stuck with the file the insurance company prepared. You need to send the disability insurance company the right information before they close your case with a denial, or you may never be able to present the proper evidence to support your claim.
We help our clients with the difficult and confusing task of preparing a case for long term disability insurance benefits. Many of our clients find this to be overwhelming, particularly when they are not feeling well in the first place. Part of our job is to take this task from you so you can take care of your health instead of the details of your disability insurance claim.
Call us to start working for you. This may be the most important call you can make. If you want, send us an email and we can go over the details of your case at a time that is more convenient for you.
The Fine Print. As an important formality, be aware that nothing in this web site should be construed to be legal advice, which we give only in the office. We do not represent any client until we have a written agreement to do so. Meeting all deadlines and statutes of limitations is your responsibility until both of us agree in writing to the representation. We cannot guarantee results, as the final decisions are made by judges or juries, not us. We represent only people in Colorado, but we may associate with out of state counsel if that is necessary to pursue your claim.