Massachusetts Disability Insurance Lawyer Representation for Your LTD Insurance Claim
If you are a resident of Massachusetts and would like assistance with your short or long term disability benefits claim, ERISA denial, long term care, life insurance or accidental death policy, there are several things you need to be aware of. Regardless of what stage of the claim process you are currently in, it’s usually best to consult a disability insurance lawyer and carefully go through your options before you file a disability benefits claim, appeal, or a lawsuit. In addition, it’s important to have an experienced lawyer who deals specifically with Massachusetts law because there are certain state-specific aspects that may affect the case.
Massachusetts residents that have had their disability insurance benefits denied can file a lawsuit in the Massachusetts District Court Department, Superior Court Department or the Boston Municipal Court Department under a limited set of circumstances. Massachusetts’s state appellate courts includes the Appeals Court and the Supreme Judicial Court. If the disability claimant resides in Massachusetts and the disability insurance company is located in a different state, and the amount of disability benefits payable is greater than $75,000, then the lawsuit can be filed in Massachusetts Federal District Court. If the disability insurance policy is an employer provided policy governed by ERISA, then the disability claim must be filed in federal court. Massachusetts has one Federal District Court. An ERISA governed disability claim denial lawsuit can usually be filed in any state where the insurance company conducts business. According to the Massachusetts Department of Insurance there are more than 1,200 insurance companies that sell insurance products in Massachusetts.
When seeking assistance from a disability insurance attorney in Massachusetts, it is important to consider how much experience your lawyer has in dealing with your specific disability insurance company. At the Law Offices of Dell Disability Lawyers, we deal with every major disability company on a daily basis. We know every action that they will take. We have earned our reputation in both Massachusetts and Nationwide as aggressive, competent, and reliable disability insurance lawyers. It is essential to hire an experienced attorney with a disability insurance law firm that has the resources, co-counsel network and experience to effectively represent disability insurance claimants against these nationwide disability insurance companies.
If you need attorney representation in Massachusetts, please contact us for a free phone consultation. We handle disability benefit claims at all stages: applications, appeals and litigation of disability lawsuits. We are available to help you with any claim in the United States and you will not be required to come to our office. If we cannot assist you, we will try to refer you to someone that can. We encourage you to look around our extensive website and download our free E-brochure to learn more about our legal services.
What qualifies as a disability in Massachusetts?
In Massachusetts, a disability is defined as an injury or illness that prevents an individual from performing a major life activity such as working, caring for oneself, or participating in daily activities. This definition includes both physical and mental impairments. In order to qualify for disability benefits in Massachusetts, the applicant must have a severe impairment that has lasted or is expected to last at least 12 months or result in death.
Disability claims in Massachusetts are handled by the Department of Industrial Accidents (DIA). The DIA will review your application and make a determination as to whether or not you qualify for disability benefits. In order to be approved for the benefits, applicants must meet certain requirements such as being out of work due to their injury or illness for at least a year, having medical documentation of their disability, and being able to provide proof of a significant loss of income due to their injury or illness.
When you are filing a disability claim in Massachusetts, it is important to have all the necessary documentation and evidence in order to make a successful claim. This includes medical records, proof of income loss, detailed descriptions of your injury or illness, and any other relevant documents that may help support your case. It is also important to contact an experienced long term disability lawyer in Massachusetts who can help guide you.
What is the appeal process for disability benefits?
After your initial application is denied, you may request a reconsideration of your application. During the reconsideration stage, another review of your application will determine whether it should be approved. If you receive a second denial, you can request a hearing. You have 60 days from the date of the reconsideration’s denial to request a hearing. You will also need to submit any new evidence within 10 days of filing the hearing request.
At the hearing, an administrative law judge (ALJ) will evaluate your application and evidence. The ALJ may approve your disability benefits or deny them. If they deny your application, you have the right to file an appeal with the Appeals Council. The Appeals Council reviews all requests for review of a hearing determination or decision by an ALJ.
If the Appeals Council denies your claim, or fails to reach a decision within 60 days of filing, you can file a civil action in district court. This is the final step of the appeal process and is where you will present your case and evidence before a Federal court judge. The judge will then make a decision on whether you should be granted disability benefits or not.
Do I have to file my disability denial lawsuit in Massachusetts?
In the event of a disability claim denial, our disability insurance attorneys will usually have the option of selecting one of several states to file the disability lawsuit. More than 80% of short-term and long-term disability insurance policies are governed by a federal law called ERISA, which means that a Massachusetts disability insurance attorney can usually file a lawsuit in any federal court in any state.
However, this is not always the case. It is important to check with your disability insurance attorney to see if they are filing a lawsuit in Massachusetts or another state. In some cases, there may be advantages or disadvantages to pursuing litigation in either of those states. For instance, a Massachusetts court may be more favorable for an injured party in certain situations while another state’s court may provide greater protection for the disability insurance company.
It is important to understand the various laws and regulations that govern disability insurance claims in Massachusetts. The Massachusetts Department of Insurance outlines specific requirements for filing a disability claim, including timelines, evidence requirements, and deadlines. Additionally, the state has statutes of limitations that may limit the amount of time you have to file a lawsuit. Furthermore, federal ERISA laws may affect how a case is handled in Massachusetts.
It is important to note that filing a lawsuit is never an easy decision and should only be done after careful consideration of all the potential implications. The attorneys at our firm are available to answer any questions you may have about filing your disability claim denial lawsuit in Massachusetts or another state.
Answers to Questions About Working With Us
I need a disability insurance lawyer near me. Do you work in Massachusetts?
Yes. We are a national disability insurance law firm with extensive experience and we are available to represent you regardless of where you live in Massachusetts or anywhere else in the United States. We have partner disability insurance lawyers in every state and we have filed lawsuits in most federal courts nationwide. Our long term disability lawyers represent disability claimants at all stages of a claim for disability insurance benefits, and we deal with clients who have a wide variety of medical conditions or have experienced injury. There is nothing that our lawyers have not seen in the disability insurance world, so please do not hesitate to give us a call for a free initial consultation.
What are your fees?
Since we represent disability insurance claimants at different stages of a disability insurance claim, we offer a variety of different fee options. We understand that claimants living on disability insurance benefits have a limited source of income; therefore we always try to work with the clients to make our attorney fees as affordable as possible. The three available fee options are a contingency fee basis (no attorney fee or cost unless we make a recovery), hourly fee or fixed flat rate. In every case we provide each client with a written fee agreement detailing the terms and conditions. We always offer a free initial phone consultation and we appreciate the opportunity to work with you in obtaining payment of your disability insurance benefits.
Do I have to come to your office to work with your law firm?
No. We are certainly available to meet with you at any of our satellite offices located in either Massachussets or another state, however following a review of your disability policy or any other pertinent documents and a free telephone conversation we are usually able to make a determination of how to best move forward with legal representation.
A successful claim will depend on the confirmation of your physician. With properly documented medical evidence our knowledgeable attorneys will make a determination of the best path forward. It is our job to try to get our deserving clients paid their disability insurance benefits as quick as possible; therefore we prefer to have an initial consultation via telephone.
For purposes of efficiency and to reduce expenses for our clients we have found that 99% of our clients prefer to communicate via telephone, e-mail, text or an online meeting tool. If you prefer an initial in-person meeting, please let us know. A disability company will never require you to come to their office and similarly we are set up so that we handle your entire claim without the need for you to come to our office. Whether you need help with the initial application process, ERISA-governed policy issues, employer-sponsored Long-Term Disability (LTD) Insurance problems, insurance company denial, appeals, or litigation processes, we are happy to help remotely.
How can I contact you?
When you call us during normal business hours, you will immediately speak with a disability insurance attorney. We can be reached at 800-698-9159 or by email. Because we have extensive resources, our lawyers and staff return all client calls the same day. Client emails are usually replied to within the same business day and seem to be the preferred and most efficient method of communication for most clients.
Reviews From Massachusetts Clients
Choosing a disability law firm to represent you in the application, appeals, or lawsuit stages is no easy task. You want to look for a law office with legal experts who have extensive experience in dealing with initial disability claims, appeals processes, and litigation, and have handled thousands of claims. It’s vital that your chosen disability insurance lawyers of Massachusetts have extensive legal resources, a well-earned reputation, and a high client satisfaction rate. Be sure to browse some of the client recommendations to make the best decisions:
Emily H.
Rachel and team were professional, knowledgeable and competent in helping me with my disability insurance claim denial. I would not have been able to do this work myself successfully. I had an illness best known as Chronic Lyme (I have more issues than that but that’s what I understood my diagnosis to be at the time of claim denial). This is a complex illness that is plagued with faulty testing, delayed diagnosis, inconsistent prognosis/ treatment outcomes, and vague (deniable) symptoms.
Advances in the disease’s treatment have stalled for decades due to financial & reputational conflicts of interest that exist across the healthcare/ insurance / government industries. It is a major thing to go against, and a very complex & constantly evolving issue, and Rachel was very familiar with all the chronic Lyme ‘inside baseball.’ Not many people want to get involved with anything Chronic Lyme-related if they have a choice. Finding an attorney that has expertise in this area is a rare find, and I can attest to the fact that Rachel meets this hard-to-find criteria and delivered results well beyond what I could have achieved without her.
I would recommend Dell Disability Lawyers (Rachel specifically, though I also communicated with Greg and others at their office and everyone was courteous, professional, and competent). They have an effective and efficient process down pat.
Disability insurance claim denial is a very stressful thing for anyone to encounter, let alone while you are sick and scared for your future and trying to focus on getting better. Believe me, a sick individual is no match for a big insurance company that has decided to deny your claim. They are professionals in what they do. You need to hire someone who is professional at challenging them. Rachel is a pro!
I wanted more “hand holding” in the beginning (ie more proactive communication / expectations management), and wanted to see draft of my appeal letter earlier than I did. But to be fair they were always promptly responsive and attentive and met every deadline and delivered results, and some of my worry in this area was because I was terrified and sick and stressed and this was of major importance in my life, not because the communication was inadequate. Still, this is how I imagine most clients in this situation would feel, so this is feedback worth considering.
Samantha H.
I am so glad I signed with Alex and the team at Dell Disability Lawyers. Lupus hit me like a brick wall, completely disrupting my life. The physical changes and ailments, treatments and pain were scary enough. I could not have dealt with the insurance company alone.
Alex and his paralegal Danielle helped me through everything. They explained every step of the paperwork to me and even encouraged me while I was in the hospital. Best of all, they got the insurance company to settle while I focused on my health.
Antoine P.
After my insurance company arbitrarily decided to close my disability benefits I contacted several firms to handle my case. I was impressed with Attorney Rachel Alters who took my call personally. She was direct, knowledgeable and compassionate at the same time. Her firm was responsive and I felt I had (finally) someone on my side.
Insurance companies are there to make money and ERISA laws are in place to protect them. The little guy like me would have no chance to win on my own. Rachel’s extensive experience and personal knowledge of the opposing parties got the job done while taking the emotional burden away from me. At the end of the day, she got the job done. It took a year and a half but that’s really because of the system in place.
One always hopes for a higher payout and lower fees, but in the real world that just doesn’t happen. Rachel went to bat for me and I am grateful she did the best she could.
Tess R.
Mr. Jessup is efficient at his skills but that is not what made my experience wonderful. When you are ill, and been arguing with everyone to get a crap of what you deserve because you have worked hard all your life, paid your taxes, and paid your insurance premiums… yet no one cares. No one cares that they are increasing your symptoms by not paying you the money that you are entitled to.
Mr. Jessup was unbelievably kind and empathetic to my situation. His congenial personality, truly, was the key to hiring him. I felt like even though he had other clients in similar circumstances, he still cared what was happening to me and my family. I felt he cared enough to trust him completely.
I would recommend Stephen Jessup, because of his ability to empathize, to make you feel like he really is concerned about you and what your family is going through.
I have recommended him to other people… I am curious to know what all kind of cases does he handle. I have one friend and maybe more that will need him soon.
John P.
I have practiced medicine for over 25 years and understand caring, professionalism, giving 100% for your clients and always being available. Gregory Dell has exemplified all these attributes for me as his client. I retained Mr. Dell 6 years ago and he has achieved the most outstanding results for me. In my case there were several times when critical decisions needed to be made and I can say that I always put myself in his hands and came out on the positive side. I feel this was the result of his great knowledge of the law, keen instincts and common sense decisions. His team of attorneys are excellent as well and his paralegals and entire office staff have always been there for me, truly making me feel like family. I have great regard for Attorney Gregory Dell and give him the highest of recommendations.
Top 3 Disability Insurance Cases Resolved by Dell Disability Lawyers in Massachusetts
CIGNA reversed their previous denial of long term disability benefits for a Massachusetts IT Procurement Specialist — A Massachusetts IT Procurement Specialist, Ms. K, was forced to stop working due to a series of psychiatric issues in 2015. After claiming short-term disability benefits which were approved, she shifted to long-term disability (LTD) benefits. However, CIGNA, the administering body for her LTD policy, denied her her claims. After reaching out to Dell Disability Lawyers, Attorney Jay Symonds identified several discrepancies within the denial letter and accompanying evidence. Subsequent appeals highlighted inconsistencies in CIGNA’s handling of Ms. K’s case along with the failure to consider all relevant medical records and information. Six weeks post-appeal, CIGNA overturned its decision, providing full LTD back benefits and reinstating Ms. K’s LTD benefits. Symonds continues to represent Ms. K to ensure her benefits remain secure.
CIGNA reversed its previous denial of long-term disability benefits for a Massachusetts Senior Advisor — A technology teacher in Massachusetts had to stop working due to severe degenerative joint disease and osteoarthritis. Sun Life, the insurance provider, denied her long-term disability benefits. Dell Disability Lawyers found flaws in Sun Life’s denial letter and evidence. The appeal argued that Sun Life’s analysis of the teacher’s role required more physical ability than her conditions allowed. The appeal also pointed out the disparity in opinions of the teacher’s orthopedic surgeons and Sun Life’s in-house medical review. The appeal highlighted Sun Life’s financial conflict of interest. Sun Life overturned its decision and reinstated the teacher’s LTD benefits. Attorney Symonds is representing the client to prevent future termination of benefits.
Sun Life Overturns Its Previous Denial of LTD Benefits for Massachusetts Teacher — A teacher with degenerative joint disease and osteoarthritis was denied long-term disability benefits by Sun Life. Dell Disability Lawyers assisted her in appealing the denial. Objective testing confirmed her severe joint condition. The appeal argued that Sun Life used a nurse’s review instead of input from her three board certified orthopedic surgeons. Sun Life was accused of having a financial conflict of interest. After the appeal, Sun Life reversed their decision and reinstated her benefits.
Massachusetts Courts, Government and Massachusetts Department of Insurance Information
- Massachusetts Court System Official Website
- Official Government Website of the State of Massachusetts — Information regarding the state of Massachusetts governmental entities resources.
- Massachusetts Department of Insurance — Regulates all insurance companies that do business in Massachusetts.
Federal Courts
- U.S. Court of Appeals (1st Circuit) — This court has jurisdiction over appeals from United States District Courts located in Maine, New Hampshire, Massachusetts, Rhode Island.
- Massachusetts Federal District Court
