- Private Disability Insurance Claim Denial Options
- Private Disability Benefit Denial Options
Private Disability Denial
A private disability policy is one that is not governed by ERISA, because you either bought the policy on your own or you purchased the policy through your membership in association. If you have a private disability policy, then you have significant options available in the event your claim has been denied. Long term disability insurance denials are the kind of claims that can spiral out of control if not handled properly. Our disability attorneys have litigated against every major disability insurance company and have established a reputation for having what it takes to efficiently handle a disability denial yet we will take a case to trial if necessary. Our lawyers have been successful at obtaining hundreds of millions of dollars in long term disability benefits for our clients. We always attempt to use our well established relationships with the disability insurance companies to reach a resolution without the need to go through extensive litigation and trial. We only accept private claim denials on a contingency fee basis, which means we do not charge any fees or costs unless we are able to recover benefits. Our video above discusses available options for a private disability denial and our experience in handling these long term disability denials.
Our Extensive Disability Litigation Experience
Depositions In Disability Litigation
Private Disability Claim Denial Options
When an individual buys a disability income policy from an insurance company, the individual and the insurance company enter into a signed contractual agreement. If an individual is disabled according to the terms of the disability income policy, the carrier must pay the claim. A long term disability insurance denial is a breach of contract. If a disability insurance company has denied benefits to an insured, there may be multiple causes of action that can be alleged in a lawsuit against the insurance company. Each state has different laws and it is possible that some of the causes of action listed below may not be viable in the state where a claimant’s lawsuit must be filed. Attorneys Dell Schaefer has filed lawsuits against disability insurance companies in both state and federal courts throughout the country.
Breach Of Contract
Breach Of Implied Covenant Of Good Faith And Fair Dealing
Fraud: Intentional Or Negligent Misrepresentation
Intentional Infliction Of Emotional Distress
Breach Of Fiduciary Duty: Misrepresentations By Insurance Broker Or Agent
Declaratory Judgment: Clarifying Policy Terms
Some disability benefit denials do not require the filing of a lawsuit against the insurance company. In many cases our law firm will open the lines of communication with the disability insurance company and have a disability claim denial re-evaluated. Additionally, we can submit a detailed demand letter / appeal in response to the disability denial letter, which addresses the medical and legal issues and strengths of your claim, thereby giving the insurance company a last chance to pay disability benefits prior to the filing of a lawsuit. A disability denial letter must clarify all of the reasons that an individual disability claim has been denied.
In some cases we are able to mediate and meet with the insurance company prior to filing a lawsuit in order to reverse a disability claim denial without the need to file a lawsuit. These mediations take place at our office or a mutual location that is acceptable to our client. We participate is mediations throughout the country. In many cases a pre-suit mediation is a good alternative as it eliminates 18-36 months of wasteful litigation.
If our investigation of a long-term disability insurance denial reveals that the insurance company did not have a good faith basis for the LTD denial of our client’s claim, we will file a written complaint with the appropriate State Department of Insurance and Department of Finance. This action is required in most states in order to preserve a claim for bad-faith. Not every state allows a claim for bad-faith. Please watch our video below to learn about a bad faith claim for extra contractual benefits or go here for additional bad faith denial lawsuit information.
- Bad Faith Disability Denials
Disability Class Action Lawsuits
In unique situations a disability class action lawsuit may be an option to pursue. Class actions in the disability insurance industry are unique because there must be a harm being caused that is universally affecting all class members the same. Most people that have a disability insurance claim are seeking individual disability benefits and a class action would not be the appropriate cause of action. Learn more about disability benefit class action lawsuits.
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