The disability insurance attorneys at Dell & Schaefer often work with long term disability insurance claimants preparing (or in the process of litigating) a disability claim with Assurity. Unlike many of the biggest long term disability insurance carriers that primarily offer ERISA or group disability policies through employers, Assurity is a little different – by offering individual disability policies at competitive prices, it is able to tap into a market that often doesn’t have the same access to disability insurance policies. Learn how our disability attorneys help you navigate disability insurance benefits with Assurity.
Individual Disability Policies Have Significant Advantages Over an ERISA Group Disability Policy
Most Assurity long term disability insurance policies will provide coverage for a two-year period. This is a longer coverage period than offered by many short term disability carriers, but on the short side for a long term disability policy. This essentially makes Assurity a carrier of “short long term” disability insurance policies. In offering these products, Assurity targets a market that many insurance companies don’t – individual policies at a competitive price.
There are a number of different advantages when it comes to submitting disability claims under an individual disability insurance policy versus a group disability insurance policy. The rules of litigation are different, and the stakes are far higher for the disability insurance carrier when a case goes to court, which makes these companies more willing to work with claimants to seek an agreeable resolution.
Individual disability policies are generally litigated in state courts, while ERISA policies are litigated in federal court. To recover benefits under an individual disability policy, the claimant will need to show only that they are disabled according to the terms of the policy. On the other hand, recovering benefits under an ERISA policy requires that the claimant show they’re disabled and that the insurance carrier acted in an “arbitrary and capricious” way by denying their first claim for benefits. This is a very steep standard that’s often tough for disability claimants to meet and doesn’t provide the insurance carrier with much of an incentive to settle a disability claim.
Strong Medical Documentation is Essential for Obtaining Approval of Assurity Benefits
Although Assurity doesn’t necessarily want to litigate a long term disability claim in court, that doesn’t mean it simply rubber stamps approvals on the disability claims it receives. Disability claimants must have medical records that support their argument that they’re entitled to long term disability benefits. If you wait to seek medical treatment for a particular issue until after you stop working (or even after you submit the disability complaint), your application may be rejected as providing insufficient proof of disability.
On the other hand, if you get a head start by working with your doctor(s) and an experienced long term disability attorney)before you ever submit your first application for benefits, you’ll be in a far better position to establish your disability. Because long term disability policies don’t pay out for an open-ended period of time, the sooner you have a comprehensive application (and the sooner you submit it), the more quickly you’ll begin receiving benefits under your policy.
At Dell & Schaefer, we often start working with Assurity long term disability insurance claimants before a claim is ever filed. By gathering documents and making appointments with specialists before Assurity is even aware there’s a claim pending, claimants can ensure the disability claim process is made as streamlined and efficient as possible. Give us a call today to set up a FREE consultation to discuss your case.