Pennsylvania Long Term Disability Lawyer
Experienced Representation to Help You Receive Your Benefits
Most workers are offered long term disability insurance coverage through their employer along with other benefits such as health and life insurance. For most disability insurance policies the premiums are paid by the employer and, as a result, a federal law known as ERISA governs the claim. A Pennsylvania long term disability lawyer will be familiar with this law.
What is ERISA?
ERISA stands for the Employee Retirement Income & Security Act of 1974. This federal law governs most employer provided benefits, with some exceptions.
Under ERISA, a person seeking disability benefits whose claim has been terminated or denied must appeal to the insurance company before filing a lawsuit in court. The appeal process is important because it is the best opportunity to submit all medical information that supports total disability. A Pennsylvania long term disability attorney will know how to strengthen your disability case.
Many disability insurance policies contain discretionary language. This means the policy states the insurance company has the sole discretion to decide who meets the definition of disability. If your appeal is denied a judge will review your case and rule in favor of the disability insurance company unless it had no reasonable basis to deny or terminate benefits. Even if the judge would have come to a different decision and paid benefits, he or she will still have to rule in the insurance company’s favor if its decision was not unreasonable.
There is no bad faith under ERISA, which means you can only go after the insurance company for the disability benefits to which you are entitled no matter how badly they behaved. There also is no right to a jury trial. Your disability case is decided by a judge alone.
Do Not Do This Alone
The pursuit in an ERISA disability case is important. This is because once the disability insurance company makes its final decision to deny benefits, the file is closed. No further medical evidence can be added to the file. The process and paperwork in a long term disability claim can be complicated. One missed deadline or a mistake can easily result in the denial or termination of benefits. For this reason, it is vital to contact an experienced Pennsylvania long term disability lawyer before you have been denied.
Despite the law being favorable to disability insurance companies, decisions denying or terminating benefits can be successfully challenged. Our long term disability attorneys can handle a disability claim at all phases of a case. This includes the claim initiation, pre-suit appeal, and litigation. We can also negotiation a lump sum buyout for those who are receiving disability checks every month. Contact our firm today to schedule your initial, free case evaluation, with one of our attorneys.