Guardian Disability Claims, Appeals And Lawsuits
Guardian Life Insurance Company of America has been in the insurance business since 1860. While Guardian has been around longer than our law firm, we have been helping claimants with Guardian disability insurance claims since the mid 1980s.
Through the representation of numerous disability claimants in ERISA Appeals, lawsuits and the application for benefits, we have gained an invaluable understanding as to how Guardian evaluates every disability claim.
Unlike most other disability insurance companies, you are lucky to have a Guardian disability policy. Guardian is a large company with more than 5,000 employees and over 5 million customers, but they are managed very well by experienced disability claim managers and examiners.
However, despite Guardian’s efforts to conduct business in good faith, there are still numerous claims every year that are wrongfully denied.
Top Five Reasons Your Guardian Disability Claim Could Be Denied
There are dozens of reasons that could result in a Guardian disability denial, but five most common are:
- Guardian hires a physician to review your medical records and the hired doctor drafts a report stating that the claimant is not disabled.
- Guardian hires a private investigator to follow you around with a video camera. Guardian then uses the video surveillance footage to argue that you can return to work.
- Guardian will send you to either be examined by a doctor of their choice (IME Exam) or to a functional capacity exam (FCE) to evaluate your restrictions and limitations.
- A Guardian hired doctor or nurse speaks with your treating doctor and receives information that you can return to work.
- Your definition of disability changes from “own occupation” to “any occupation” and Guardian hires a vocational expert to find jobs that you probably cannot perform on a daily basis.
Most Guardian Disability Denials Are Governed By ERISA
The majority of the disability Policies sold by Guardian are sold to Employers. If a claimant receives their disability coverage as an Employer provided benefit, then the policy is usually governed by ERISA.
We encourage you to watch any of our videos discussing ERISA. ERISA is a pro-insurance company law that creates a very high burden for claimants to overcome if a lawsuit needs to be filed.
Our disability attorneys litigate and Appeal ERISA claim denials on a daily basis throughout the USA.
If your claim has been denied by Guardian it is important that you take immediate action. The time period to submit an ERISA appeal is usually 180 days and following an ERISA denial you may have a very limited period of time to file a lawsuit.
Our lawyers are available to provide you with a free consultation to discuss your options regarding a denial of disability benefits by Guardian.