North Carolina Long Term Disability Attorney
Whether your employer offered you long term disability coverage or you chose to pay the premiums out of your paycheck, if you are unable to work due to illness or injury you are entitled to these benefits. Disability insurance companies are private corporations and often deny or terminate claims despite the strength of the medical records. Our North Carolina long term disability attorneys know how these insurers work and will fight to get the benefits you are owed.
Reasons Why They Won’t Pay
There are many reasons why a disability insurance company may deny or terminate long term disability benefits. A seasoned North Carolina long term disability attorney will know the tactics the insurance company uses to try to deny or terminate benefits.
Some of the most common reasons include lack of medical evidence, video surveillance footage or social media investigation, or failure to meet the definition of disability. Your claim may be denied because you did not submit medical records, diagnostic testing or treatment notes that help prove your disability. The time frame during which documentation must be provided to the insurance company is vital in a disability claim. The insurance company may not pay benefits because the definition of disability changed. Most disability benefits are terminated at this point in the claim. Hired private investigators may have video footage or social media information that the insurance company claims shows you can do more than what is recommended by your doctors.
ERISA & How Courts Decide Cases
Most group disability insurance policies are governed by a federal law known as the Employee Retirement Income Security Act of 1974 (ERISA). When a claim is denied or terminated, you must appeal to the insurance company before you can file a lawsuit in court. The appeal is critical because it is the last opportunity to submit medical information in the file supporting your disability. If you must file a lawsuit because of a denial of the appeal, ERISA requires the court to rule in the insurance company’s favor unless its decision was unreasonable. This is a difficult standard to overcome.
If you have been denied long term disability benefits, do not wait to take action. ERISA imposes strict deadlines within which a disabled person must submit an appeal. You and your family should focus on coping with disability. Let our skilled long term disability attorneys help guide you every step of the way. Our firm solely focuses long term disability and represents clients nationwide.