Denied Disability Benefits
Long and Short Term Disability & ERISA Benefits
Insurance companies provide millions of individuals with insurance policies affording short and long term disability benefits. Sometimes individuals directly purchase those policies but oftentimes those policies are a benefit of one’s employment (ERISA policies). You should file a claim for disability income benefits when you are unable to work based on either a mental or physical condition. Filing a claim for disability income benefits may appear to be a simple task. But, it is imperative that you check the terms of your policy which might have short deadlines for filing such claims and have strict requirements about what is included in the application.
Insurance carriers commonly deny legitimate claims for benefits. If your claim is denied, do not give up. You have the right to appeal the denial of your claims. Insurance carriers also commonly begin paying benefits but then abruptly terminate those benefits with little or no warning. If you benefits are terminated, do not give in. You may file one, or sometimes more, appeal. Ideally, an experienced attorney will draft your appeal because it is crucial to include all of the pertinent information including the entire medical record, treating doctor’s opinions, job descriptions, functional capacity examinations, and independent medical examinations. If your appeal(s) are denied and you have exhausted your administrative remedies, do not despair. You may still hire an experienced attorney to file a lawsuit on your behalf. While fighting a large insurance company may sound intimidating, Kara Edmunds regularly files such lawsuits. More often than not, such lawsuits are settled outside court via direct negotiations with the insurance company or via a mediation process.
Damages are typically limited to the payment of past benefits due, reinstatement of benefits and interest on the back benefits and possibly the recovery of a reasonable attorney’s fee. Once a lawsuit has been filed, however, insurance companies will often pay a lump sum to buy out the remainder of the policy. It is important that you understand the terms of your policy and the law and that you defend your rights by consulting with an experienced attorney.
Social Security Disability Benefits:
Social Security Disability Income Benefits provide federal benefits to persons who are injured or sick and are unable to work. Benefits given are determined on an individual basis, based on past wages. It is not uncommon for an initial social security disability claim to be denied. However, if your initial appeal is denied, you can, and many times should, appeal and ask for a hearing where you will have a hearing before an Administrative Law Judge.
It is critical that all claimants understand that receiving a denial letter from Social Security does not mean that you are not entitled to benefits. It is at this stage where an attorney experienced in Social Security appeals can help. More than half of the social security claims that are denied and appealed are eventually approved at this level. Our firm will help you file all of your appeals claims, obtain medical records that you will need, and Ms. Edmunds personally appears with all of her clients on their day in Court to handle their hearing.
Insurance companies provide millions of individuals with insurance policies affording short and long term disability benefits. Sometimes individuals directly purchase those policies but oftentimes those policies are a benefit of one’s employment (ERISA policies). You should file a claim for disability income benefits when you are unable to work based on either a mental or physical condition. Filing a claim for disability income benefits may appear to be a simple task. But, it is imperative that you check the terms of your policy which might have short deadlines for filing such claims and have strict requirements about what is included in the application.
Insurance carriers commonly deny legitimate claims for benefits. If your claim is denied, do not give up. You have the right to appeal the denial of your claims. Insurance carriers also commonly begin paying benefits but then abruptly terminate those benefits with little or no warning. If you benefits are terminated, do not give in. You may file one, or sometimes more, appeal. Ideally, an experienced attorney will draft your appeal because it is crucial to include all of the pertinent information including the entire medical record, treating doctor’s opinions, job descriptions, functional capacity examinations, and independent medical examinations. If your appeal(s) are denied and you have exhausted your administrative remedies, do not despair. You may still hire an experienced attorney to file a lawsuit on your behalf. While fighting a large insurance company may sound intimidating, Kara Edmunds regularly files such lawsuits. More often than not, such lawsuits are settled outside court via direct negotiations with the insurance company or via a mediation process.
Damages are typically limited to the payment of past benefits due, reinstatement of benefits and interest on the back benefits and possibly the recovery of a reasonable attorney’s fee. Once a lawsuit has been filed, however, insurance companies will often pay a lump sum to buy out the remainder of the policy. It is important that you understand the terms of your policy and the law and that you defend your rights by consulting with an experienced attorney.
Social Security Disability Benefits:
Social Security Disability Income Benefits provide federal benefits to persons who are injured or sick and are unable to work. Benefits given are determined on an individual basis, based on past wages. It is not uncommon for an initial social security disability claim to be denied. However, if your initial appeal is denied, you can, and many times should, appeal and ask for a hearing where you will have a hearing before an Administrative Law Judge.
It is critical that all claimants understand that receiving a denial letter from Social Security does not mean that you are not entitled to benefits. It is at this stage where an attorney experienced in Social Security appeals can help. More than half of the social security claims that are denied and appealed are eventually approved at this level. Our firm will help you file all of your appeals claims, obtain medical records that you will need, and Ms. Edmunds personally appears with all of her clients on their day in Court to handle their hearing.