Long-term Disability Insurance Claims for Law Enforcement Officers

As a law enforcement officer, navigating your disability insurance policy and understanding all the nuances of your claim as well as things that may influence your decisions – such as workers’s compensation – may feel a little overwhelming. Long-term disability insurance claims for law enforcement officers have their own specifics, and it’s important to have all the right information at your disposal to make sure your claim is successful.

Here at Dell Disability Law, several of our lawyers are former prosecutors, and we have extensive experience working with law enforcement from police officers to DEA agents and beyond. Having represented hundreds of law enforcement officers across the country, we have a deep understanding of the challenges they face when dealing with long-term disability insurance claims.

Law enforcement is an interesting dynamic in terms of own occupation: most of the insurance policies for this sector are ERISA-exempt, which means the police officers and law enforcement are not stuck with the inability to have a jury trial if their claim is denied. However, they still usually have group employer-provided disability policies that may not have the best language because they did not buy the policy on their own.

Police officer disability insurance claim

Nationwide disability insurance attorneys Gregory Dell and Alexander Palamara provide some tips for law enforcement officers that are either considering applying for disability benefits, have been on claim, or had their claim denied, and talk about some helpful pointers to protect your long term disability benefits. We help law enforcement officers nationwide and we encourage you to contact us for an immediate free phone consultation.

Understanding the Language of Your Disability Policy

Every disability insurance policy is a little bit unique, but it is important to understand that most disability insurance policies have a definition of disability that changes after 24 months of payments. This means that for the first two years, in order to prove to the insurance company that you are disabled, you have to prove that you can’t do the material and substantial duties of your own occupation. In most group policies, after the initial two-year mark, it becomes a bit more difficult to qualify for benefits: at that point, you have to prove that you can’t do any occupation for which you’re qualified based on your training, education, and experience.

Let’s say you’re a police officer. After two years, the insurance company might suggest that you can now go be a security guard because of your background, training, and history as a police officer. In their eyes, you can be a security guard as long as that security guard position pays a certain income level and requires different physical skills than your pre-disability job. Under most policies, the alternative job must pay at least 60% of what you were earning pre-disability.

However, while most insurance policies will have this change in definition of disability, there may be ways to get around this language to prove that you are still disabled. Depending on their disabling conditions and the proof they have for those disabling conditions, there are certain ways to get around the 24-month limiting language or the 24-month change in definition of disability.

A lot of these policies also have mental health limiting language where they will only pay disability benefits for a mental health condition for 24 months. And in this day and age, being a law enforcement officer is harder than ever; there are mental health claims to be made just because of the challenges that many police officers are dealing with on a regular basis. However, you have to keep in mind that mental health claims can be limited to 24 months under most policies because of the language in the policy. Even if you have anxiety, depression, or PTSD, which is very common with law enforcement, there could be limitations in the policy you need to be aware of.

What Can Offset Long-Term Disability Benefits?

Often, law enforcement members’ disability claims are unique because a significant number of officers have had on-the-job injuries. This makes it somewhat complicated, because if an officer is injured on the job, they also end up with a workers’ compensation claim which is often an offset to long-term disability coverage. However, workers’ compensation doesn’t last forever: it only goes for a certain period of time, whereas the long-term disability policy can last to age 65 or your Social Security retirement age, which could be 67 or 68. Despite that, as long as you’re continuing to get workers’ compensation, the insurance company may offset that amount. Potentially, workers’ compensation offset may only be for wages, and it shouldn’t be for medical, which can help increase the value of the long-term disability policy.

Disability insurance policies typically pay 60% of your prior monthly earnings. Let’s just say you’re making $100,000 a year; they should be paying you $60,000 a year, divided by 12 months, which is about $5,000 a month in this scenario. However, if you are getting workers’ compensation, workers’ comp pays fairly high. Sometimes, it can pay even higher than a disability insurance policy on a monthly basis. In that scenario, your disability insurance policy might end up paying you a minimum benefit amount per month, which might be something minimal like $100 or up to 10% of your gross monthly benefit. And typically, workers’ compensation ends around two years, or there may be a settlement prior to the two-year mark.

At that point, your long-term disability should kick in and pay you the gross monthly benefit, unless there are other offsets such as pension claims or social security disability. Any other benefits that you could be receiving would be an offset to your disability insurance claim, and it would lower the amount of money that the insurance company has to pay you per month.

Issues Develop If You Have a Worker’s Comp and Long Term Disability Claim

Another issue for law enforcement officers is the change in definition from own occupation, which means inability to do the duties of a law enforcement officer, to any gainful occupation based upon experience, education, and training; it may also have an income component, that is, the insurance company may say you have to be able to do a job that will pay you 60% of what you used to make. The challenge here is that you may be treated by a workers’ comp doctor, and they may confirm you are unable to do work in law enforcement. However, they may not be limiting you to do any other gainful occupation. If the workers’ comp doctor won’t support inability for any gainful occupation and only supports inability to do law enforcement, then, after 24 months, you may get denied for your long-term disability.

Workers’ comp doctors typically have a high volume of patients, aren’t well-compensated, and often, they’re not interested in working with the claimant against the insurance company. Because of this, it’s worth considering going above and beyond that treatment and going to other doctors. The only way you can prove your claim for disability insurance benefits is with well-documented proof. Depending on your disabling conditions, you have to go to the right specialist so you can document exactly what you’re suffering from in a way that will prove your disability to the insurance company.

Remember, proof is everything to your claim. Whether it’s objective testing you can have done, whether it’s a functional capacity evaluation, X-rays, MRIs, whatever it is to prove your disabling condition, it’s best to go and get it done, because insurance companies love to deny claims if there isn’t sufficient proof. So be sure to see the appropriate health providers, the appropriate specialist, and get those records to the insurance company. Instead of being stuck with a workers’ comp doctor who isn’t going to support you, you need to think proactively, even if it’s difficult or costly because it could be a small price to pay once every few months in order to keep the benefits going, which could potentially be couple of thousand dollars every month. Sometimes, you have to invest into your own claim: if you invest $1,000 every couple of months for the doctors’ appointments or tests that will support your claim, at least you’re going to be getting five-fold that in your monthly benefits.

It’s crucial to understand that the claim is only as good as it is documented on paper. Not only that, but the quality of the proof is important, so it’s not enough to just go to the doctor. You have to make sure that all your complaints and symptoms are on the record. If you’re having pain, that has to be in the records. If you’re limited in how long you could sit, how long you could stand, how long you could walk, reaching, bending – things like that have to be documented.

We often suggest that people keep a symptom log or a pain log where they document things that were difficult for them on a daily basis or what were they limited in and sharing that information with the doctor and letting the doctor say, “I was presented with a daily symptom log and I documented in this log the following things”. Then it’s in the records, because, once again, if it’s not in the records, it doesn’t exist in the eyes of the insurance company.

How Long Do Long Term Disability Claims Last for Law Enforcement Officers?

Most disability insurance companies say that on average, a claim lasts for 34 to 36 months. You may be on disability for three years, as an example, and the insurance company may then try to cut the claim. We often see people who are denied from day one, or they get denied a couple of months in, or they get denied at that change in definition of disability. A lot of the time, they may go a little beyond the 24 months; sometimes, some policies have a 36-month change in definition of disability. But generally we see that most claims do not last 36 months, unless lawyers get involved, at which point the claimant may be able to get back on claim with an appeal or by filing a lawsuit and litigating the case to the end.

How Long Do Disability Insurance Lawsuits Take?

If a lawsuit is filed for a disability insurance denial, you still have to maintain your records constantly and always see the doctor and submit your claim forms and attending physician statements in a timely manner. Because law enforcement policies are not subject to ERISA, mostly, it would probably be in state court (unless there was greater than $75,000 in controversy), and then it could go in federal court. Our lawyers represent law enforcement officers nationwide in every state or federal court.

A typical time frame for these lawsuits from start to finish could be as high as two years, depending on what court you’re in. Some courts have a fast track, but a trial could be six months or as many as twelve months away. Typically, however, 18-24 months is the average time frame where a case will actually come to trial from the day you file your lawsuit. However, not all cases go to trial: most, in fact, end up settling. The great majority, probably 90% of cases, usually settle.

The fact that these policies are not governed by ERISA is a significant advantage, because you have  a right to a jury trial, the standard of review is different, and proof that is required is different.

What Settlement Can You Expect from a Disability Insurance Lawsuit?

When a lawsuit is filed, the cause of action is called a breach of contract. This is because, as an insurance policy holder, you bought (or got it as an employee benefit) a contract where the insurance company said, if you meet this qualification, we will pay you this benefit each month that you remain eligible. Because it’s a contract and there’s a set monthly benefit amount, when you go to trial, it’s not your typical personal injury trial where you’re asking for pain and suffering or damages that are of an unknown number; there are clearly defined values involved.

For example, if the policy pays $5,000 a month amounting to $60,000 a year and there are 10 years left, then we know it’s worth $600,000. That’s the defined value, and because of it, 90% of these cases often settle with a lump-sum settlement as the disability insurance companies typically put some kind of an offer on the table.

If the case is worth $600,000 and they hypothetically offer $300,000, then the claimant needs to make a business decision at that point and say, if my upside is $600,000 and they’re guaranteeing me $300,000 right now, do I want to go through a trial to try to double my money? It’s that plain and simple, and it becomes a pure business decision.

Often, it’s hard for claimants to set aside their emotions of feeling like they have been taken advantage of by their disability insurance company. At this point, they have potentially waited nine months, a year, or more to even get to this point, and it’s understandably tough to make this decision.

Ultimately, your lawyer is your navigator, but you are the pilot. Your lawyer can tell you that the right move is to turn right, but if you want to turn left, that’s your decision. We provide you with the best information available, explain to you the case law, our history, what we’ve done in past cases and your chances of success at a trial so that you can make the best decision for yourself and, ultimately, for your family.

If you are a law enforcement officer, no matter what stage your claim is at, even if you haven’t even filed yet or you’ve been denied, feel free to contact us. Any of our disability lawyers will immediately answer your call or your email when you reach out to us, and we will provide you with an immediate free consultation.

We also encourage you to search our website where you can look up other cases involving law enforcement disability cases around the country. You can search by your medical condition or, alternatively, you can search specifically by your insurance company which is always a great idea because we want you to know how your disability insurance company thinks. The more you can start to think like your disability insurance company, the better position you’re going to be in to protect your disability benefits.

Finally, we welcome you to subscribe to our YouTube channel so that you can continue to get useful tips that will help you to secure and protect your disability benefits. We look forward to the opportunity to speak with you, should you need us in the future.

Resources to Help You Win Disability Benefits

Disability Benefit Denial Options
Submit a Strong Appeal Package

We work with you, your doctors, and other experts to submit a very strong appeal.

Learn more

Sue Your Disability Insurance Company

We have filed thousands of disability denial lawsuits in federal Courts nationwide.

Learn more

Protect Your Benefits
Get Your Disability Application Approved
We help claimants throughout the entire application process.

Learn more

Prevent a Disability Benefit Denial
We manage every aspect of your disability claim following claim approval.

Learn more

Negotiate a Lump-Sum Settlement

Our goal is to negotiate the highest possible buyout of your long-term disability policy.

Learn more

Disability Company Reviews
(641)
Showing 8 of 641 Reviews
New York Life

Keeps claiming they will not approve claim for pre existing conditions but my illness is not preexisting

Reviewed by M.T. on February 15th 2024   Verified Policyholder | May 2023 date of disability
I have been appealing a claim for LTD for 8 months! New York Life keeps claiming they will not approve claim for pre existing conditions but my illness is not preexisting ... read more >
Reliance Standard

Staff Lie

Reviewed by Tanya on February 12th 2024   Verified Policyholder | August 2021 date of disability
I had my disability cut off the day I was scheduled to find out whether I should have surgery. The claims examiner was aware that I had an appointment on that date and sai... read more >
Reply
Sent on February 12th 2024 by Attorney Gregory Dell

I am sorry to hear about your experience. It’s crazy that Reliance Standard would deny your disability benefits when you are suffering so badly that you need surgery.... read more >

Hartford

Former Hartford employee has had life insurance and accidental death policy's revoked for one late premium payment

Reviewed by Becky H. THOMAS on February 12th 2024   Verified Policyholder | February 2024 date of disability
Dislike how they are constantly interrupting the lives of their disabled EE's whom are entitled to benefit which they paid into out of there pay check every pay period onl... read more >
Reply
Sent on February 12th 2024 by Attorney Gregory Dell

Thank you for your review of Hartford and we appreciate you sharing.  It’s sad they don’t take care of their own employees.

Lincoln Financial

Never received benefits my entire leave - or help with them

Reviewed by Anna on December 19th 2023   Verified Policyholder | November 2023 date of disability
I used my short term disability insurance for maternity leave and started the process beforehand knowing when I would be out (scheduled induction.) It took a little over a... read more >
Sun Life

Unscrupulous Tactics

Reviewed by Misseekayy on December 19th 2023   Verified Policyholder | May 2023 date of disability
Sunlife uses unscrupulous tactics in order to prevent payment of claims. They wait until it is close to the 30 day mark and then they ask for another form of information o... read more >
Sedgwick

Lame

Reviewed by Dennis T. on December 11th 2023   Verified Policyholder | March 2022 date of disability
My experience with Sedgwick and personell is as follows: Unhelpful, unprofessional and an overall unpleasant experience.
Unum

Low payments

Reviewed by Dorothy on November 30th 2023   Verified Policyholder | November 2023 date of disability
I was injured at work. I did house keeping in a hospital. I tore just about everything imaginable in my knee. I was let go from my job, because I was no longer able to do ... read more >
Lincoln Financial

Well Documented correspondence

Reviewed by Joshua on November 23rd 2023   Verified Policyholder | May 2023 date of disability
I read other situations and it’s all very similar to my case. I have received STD from May 2023 and when my FMLA run out LF would not respond or answer my calls. My last... read more >
Answered Questions by Our Lawyers
(0)
Helpful Videos
(873)
Showing 12 of 873 Videos
Disability Benefit Tips
(330)
Showing 8 of 330 Benefit Tips

Disability Benefit Denial Reason #5 – Your Medical Evidence is Weak

If you're seeking long term disability benefits from an insurance company, you may be concern... Read More >

Disability Benefit Denial Reason #4 - Your Doctor Is Misled By the Disability Company

When you're seeking disability benefits under a long term disability policy, your medical rec... Read More >

Disability Benefit Denial Reason #3 - Video & Social Media Surveillance

One thing many long term disability claimants don't know about (or expect) from the claims re... Read More >

How Do You Fight a Long-Term Disability Denial?

Getting a denial letter from your disability insurance company is one of the ultimate insults... Read More >

Disability Denial Reason #2 - Change of Disability Definition & Vocational Review

One of the top reasons for terminating a claimant's long term disability benefits involves th... Read More >

Disability Denial Reason #1 – Paper Review & IME

At Dell Disability Lawyers, we've seen insurance companies give countless reasons to deny lon... Read More >

How to Apply for Reliance Standard Disability Benefits & Top 5 Reasons for a Claim Denial

At Dell & Schaefer we’ve handled hundreds of long term disability insurance claims against Reliance Standard, and have learned a few thi... Read More >

Applying for Standard Disability Benefits? Top 5 Claim Denial Reasons

At Dell & Schaefer, we've helped hundreds of clients recover long term disability benefit... Read More >
Dell Disability Cases
(372)
Showing 8 of 372 Dell Disability Cases

Another Palm Beach County Sheriff's Deputy's Long Term Disability Claim is Reinstated Following Appeal by Disability Attorney Alexander Palamara

In the past 2 years, Dell Disability Lawyers and Attorney Alexander Palamara have had great success in convincing Life Insurance Company of No... Read More >

Disability Attorney Alex Palamara wins LTD Benefits for Police Officer Denied by Standard

Disability insurance companies are always trying to deny disability claims based upon a pre-e... Read More >

Attorney Alex Palamara Helps Correction Officer to Win Cigna Disability Appeal

Cigna insurance company made a horrible decision to deny long term disability benefits to a f... Read More >

Transportation Manager with Brain Injury Wins Unum Disability Benefit Appeal

Unum unjustly terminated our client’s long term disability claim after it had approved and... Read More >

Engineer With Depression Wins Prudential LTD Appeal

The claimant is a former Senior Technology Services Engineer for Accolade, Inc. who was force... Read More >
Disability Lawsuit Stories
(765)
Showing 8 of 765 Lawsuit Stories

District Court Ordered to Evaluate Unum's Pre-Existing Condition Claim

In Wayne Torpy v. Unum Life Insurance Company of America, both Unum and Plaintiff Torpy appealed a ruling of the New Mexico District Court. Al... Read More >

Reliance Standard Disability Denial Upheld Due to Claimant's Lack of Strong Medical Record Support

In the case of Amy Wright v. Reliance Standard Life Insurance Company (Reliance), Plaintiff was the vice-president of... Read More >

Unum Wrongfully Terminated Disabled Lawyer’s Disability Claim of Depression and Anxiety Despite Improvement in His Condition

This Unum lawsuit and appeal in federal court is a great victory for all Unum disability claimants. This ca... Read More >

Federal Court Overturns Aetna Denial Of Disability Benefits

In the recent case of Ferrin v. Aetna Life Ins. Co. a federal judge from the Northern District of Illinois determined that Aetna improperly te... Read More >

Court Finds Irregularities in Procter & Gamble Long Term Disability Benefit Denial

In ERISA cases filed in a district court asking for judicial review of a plan administrator's denial of benefits, the court is generally limit... Read More >

Federal Judge Makes Companion Life Insurance Pay Long Term Disability Benefits

Companion Life tried to play games and deny long term disability benefits, but thankfully a New Mexico Federal Judge made them pay disability ... Read More >

NFL Disability Review Board Ignores Evidence of Disability and Appeal Court Reverses Lower Court Decision

In Darren Mickell v. Bert Bell/Pete Rozelle NFL Players Retirement Plan (Plan), Mickell spent nine years in the NFL as a defensive e... Read More >

Judge Agrees that MetLife's Denial of Long Term Disability Benefits was Reasonable

In Anne Ehlert v. Metropolitan Life Insurance Company (MetLife), Ehlert was a consulting pension actuary for pension plans at Towers... Read More >

Reviews from Our Clients

Request a Free Consultation

Our Lawyers Respond Same Day

5 Ways We Help Get Your Benefits Paid

Get Your Disability Application Approved

Our goal is to get your application for disability income benefits approved. Applying for disability benefits can be a difficult process and the information you provide is critical. Most disability insurance companies look at your application in hopes of finding a reason to deny your claim. Your disability company will ask you to complete numerous forms, interview you, request lots of information, speak with your doctors and possibly request to have you examined by their "hired gun" doctor.

Through our experience of having helped thousands of disability insurance claimants, our lawyers will guide you through the entire application process and give you the best chance to get your disability claim approved the first time.

Submit A Strong Appeal Package

If your disability insurance benefits have been wrongfully denied, then our lawyers know exactly what it takes to get your disability claim approved. You only get once chance to submit an Appeal, therefore every piece of evidence that will support your disability claim must be included. The goal is to win your disability benefits at the Appeal level, but while preparing your Appeal you must consider how a federal judge will review your disability claim if your benefit denial is upheld.

Preparing a strong disability appeal package is an art that requires you to understand how the courts interpret your disability policy language, ERISA regulations / laws, and how to strategically present evidence in support of your definition of "disability". We encourage you to contact any of our lawyers for a free immediate review of your disability denial.

Sue Your Disability Company

98% of the disability insurance lawsuits filed by our law firm have resulted in either the payment of benefits or a lump-sum settlement agreement. Our disability lawyers have filed ERISA governed and private policy long term disability insurance lawsuits against every major disability insurance company in state and federal courts nationwide and we love fighting for the "little guy" against the multi-billion dollar insurance company giants.

We have recovered hundreds of millions of dollars for our clients and we would like the opportunity to provide you with a free review of your disability benefit denial. There are many complex factors in a disability benefit lawsuit and the legal battle to win long term disability benefits can be fierce.

Prevent A Disability Benefit Denial

Approval of long-term disability is a continuous process as every disability insurance company will evaluate your eligibility for benefits on a monthly basis. You can never let your guard down and assume that your disability company will continue to pay your benefits for as long as you think you need them.

Our law firm offers a reasonable flat fee monthly claim handling service in which we handle every aspect of your long-term disability claim and do whatever it takes to make sure you are paid every month.

Negotiate a Lump-Sum Settlement

Let's discuss if a lump-sum settlement or buyout of your disability insurance claim is both available and makes financial sense for you. Our lawyers have negotiated more than five-hundred million dollars in disability insurance buyouts and we know how to get you a maximum settlement. A disability insurance company is not required to offer a buyout and not every disability company offers them.

Questions About Hiring Us

Who are Dell Disability Lawyers?

We are disability insurance lawyers that know how to get your short or long term disability benefits paid. As a nationwide law firm we have helped thousands of disability insurance claimants throughout the United States to collect hundreds of millions of dollars of disability insurance benefits from every major disability insurance company.

In more than 98% of our cases, our lawyers have been able to either get our clients paid monthly disability benefits or obtain a one-time lump-sum settlement. Our lawyers have seen it all when it comes to disability insurance claims and we know exactly what it takes for your disability claim to be approved.

We welcome you to contact any of our attorneys for a free immediate review of your disability claim. We also invite you to visit and subscribe to our YouTube channel where we have more than 700 videos and regularly provide tips to help protect your disability benefits.

Who do you help?

Our lawyers help individuals that have either purchased a long term disability insurance policy from an insurance company or obtained short or long term disability insurance coverage as a benefit from their employer. We have helped individuals in almost every type of occupation with monthly disability benefit payments ranging from $1,500 to $50,000.

Our clients include all types of employees ranging from retail associates, sales representatives, government employees, police officers, teachers, janitors, nurses, pilots, truck drivers, financial advisors, doctors, dentists, veterinarians, lawyers, consultants, IT professionals, engineers, professional athletes, business owners, and high level executives.

A strong understanding and presentation of the duties of your occupation is essential for securing disability insurance benefits.

Do you work in my state?

Yes. We are a national disability insurance law firm that is available to represent you regardless of where you live in the United States. We have partner lawyers in every state and we have filed lawsuits in most federal courts nationwide. Our disability lawyers represent disability claimants at all stages of a claim for disability insurance benefits. There is nothing that our lawyers have not seen in the disability insurance world.

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 claimant to make our attorney fees as affordable as possible.

The three available fee options are a contingency fee agreement (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. For purposes of efficiency and to reduce expenses for our clients we have found that 99% of our clients prefer to communicate via phone, email, fax, GoToMeeting sessions, or Skype. 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.

How can I contact you?

When you call us during normal business hours you will immediately speak with a disability attorney. We can be reached at 800-698-9159 or by email. Lawyers and staff must return all client calls 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.