attorney who handles denied disability claim private insurer

by Eden Fahey 7 min read

Who handles wrongful denial of disability insurance claims in New Jersey?

Sep 24, 2015 · Private disability claims attorney Marc Whitehead aggressively fights unfair individual disability insurance denials, representing the sick and disabled across the U.S. For a highly informative, free case evaluation about your claim, contact Marc Whitehead & Associates at 800-562-9830.

Why do you need a disability insurance lawyer?

Aug 10, 2018 · Appealing private disability claims for clients across the U.S., Marc Whitehead knows how to fight the insurance companies and win. If you choose our firm to represent you, our first step is to appeal your denied claim to your insurance carrier.

How do I contact a lawyer for a disability insurance claim?

Disability Insurance Lawyers and ERISA lawyers focus on private individual and group long-term disability insurance. Private disability insurance, however, still interacts with federal and state-based disability policies. Because your disability insurance company is a for-profit corporation, it’s interested in paying out as little as possible.

Should I hire a general practice attorney for a disability claim?

You certainly should seek legal help from a Delray Beach private disability insurance attorney upon denial of coverage. We are ready to help. Tel: 561-498-9979

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How do you handle a denied insurance claim?

Six Tips for Handling Insurance Claim DenialsCarefully review all notifications regarding the claim. It sounds obvious, but it's one of the most important steps in claims processing. ... Be persistent. ... Don't delay. ... Get to know the appeals process. ... Maintain records on disputed claims. ... Remember that help is available.

Who handles disability cases?

Most Social Security disability claims are initially processed through a network of local Social Security Administration (SSA) field offices and State agencies (usually called Disability Determination Services or DDSs).

Who is a disability lawyer?

A disability attorney is a lawyer who specializes in helping those who are unable to work get access to the disability benefits that they need. However, a disability advocate can also assist with the application process.

Who makes the final decision on Social Security disability?

The Administrative Law Judge will evaluate all the evidence on record, including any additional evidence submitted up to 5 business days prior to the hearing, and will issue a decision as to whether you suffer from a disability.

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...

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....

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 telephone, e-...

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 800-682-8331 or by email....

What to do if your insurance denied you disability?

If your insurance provider has unfairly denied your claim for disability coverage, don’t assume you can handle the problem yourself. Getting a knowledgeable attorney involved as early as possible is critical to giving yourself the best chance of overturning the denial.

What happens if you believe your insurance provider wrongly denied your claim?

A successful bad faith claim may allow you to recover several types of damages, or money amounts, from the insurance company. Litigation of private policies are held in state or federal court before a jury of your peers, and the laws that govern these claims vary by state.

What are the damages of a lawsuit?

Many states also allow for recovery of damages resulting from these suits. This can include: 1 Loss of business opportunity 2 Harm to professional reputation 3 Emotional hardship 4 Economic damage beyond the limits stated in the policy

Why do people buy disability insurance?

Their goal is to contain costs and increase profits. You purchase private disability insurance as a safety net. This policy should ensure a vital source of income in the event of a long term illness or serious injury.

What is a group disability?

Another common type of long term disability is group disability. These policies are often provided as part of a benefit package through your employer. The process of appealing private disability claim denials. The laws that govern and control these insurance policies (and your rights) are quite different.

Can you sue an insurance company for breach of contract?

A breach of contract claim may also involve other causes of action. Every state recognizes that you can sue an insurance company for failing to settle a disability claim as set forth in the policy. Many states also allow for recovery of damages resulting from these suits. This can include:

What is breach of contract lawsuit?

Breach of contract lawsuits generally center on the language in the policy to establish what obligations each party had and whether each party met those obligations.

What happens if you file a claim and it is denied?

When Your Claim Is Denied. If you file a claim and it is denied, it is your right to file an appeal of the denial. Your legal rights depend on whether you have a group or private long term disability insurance policy. When your insurance company sends a denial letter, it must state the reasons for refusing to pay benefits.

What is emotional hardship?

Emotional hardship. Economic damage beyond the limits stated in the policy. When the action is based on the breach of implied covenant of good faith and fair dealing (“bad faith”), you may have grounds for suing the insurer for bad faith insurance practices.

What is long term disability insurance?

Long term disability insurance provides benefits so you can pay your bills, keep a roof over your head, and continue to cover your basic needs and expenses. You need these insurance benefits as soon as possible, which means you should seek legal help from a disability claims lawyer from the very start of your claim.

How many credits do I need to get Social Security?

People age 62 and older need a minimum of 40 work credits, at least 20 of which were earned during the past ten years, to qualify for Social Security Disability Insurance. Younger workers can achieve eligibility with fewer credits. You earn a work credit by working and paying Social Security taxes.

Can a general practice lawyer handle ERISA?

If you’re thinking about hiring a long term disability lawyer or ERISA lawyer, understand that disability law differs significantly from personal injury law. A general practice attorney should not handle cases involving individual or group disability benefits. You wouldn’t hire a cardiologist or family practice doctor to perform brain surgery, so be very careful not to hire a lawyer who doesn’t focus on individual and long-term disability insurance to handle your valid disability claim.

How long does a disability last on Social Security?

According to the Social Security Administration, “the law defines disability as the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment (s) which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.”

Is disability insurance complicated?

In fact, disability insurance law is so complicated that few attorneys will find success in this specialized field if they take other types of cases. This especially is true when a complicated and continually evolving federal law, the Employee Retirement Income Security Act (ERISA), is involved.

Can I file a disability claim online?

While many individual and group disability insurance companies make it “easy” to file a disability claim online, avoiding bad-faith delays or denials or maintaining your disability benefits over the long term is difficult.

Can I get SSDI if I am totally disabled?

Federal Social Security Disability Insurance (SSDI) – You may qualify for SSDI benefits if you’re (1) totally disabled—that is, you can’t engage in any meaningful work; (2) you paid enough into SSDI; and (3) you have enough “ work credits ” based on your age . “Work credits” are the way the federal government determines if you’ve worked long enough to claim disability benefits.

How to prove disability?

To prevail in a disability claim, you must: 1 Prove the existence of a disability, which is the injury or illness from which you suffer 2 Demonstrate precisely how and why the disability prevents you from performing your job

How to contact Uscher Quiat?

Contact disability insurance dispute lawyer at Uscher, Quiat, Uscher & Russo, P.C., by calling 201-781-5645 or send an email to discuss your disability insurance claim today. We are dedicated to responsive and knowledgeable legal representation, and will answer your inquiry promptly and keep you informed and involved throughout the process.

Is long term disability insurance a group policy?

Long-term disability insurance is generally offered in group plans through employers under ERISA, or they are offered through private individual policies purchased directly by individuals from insurance agents or brokers. Many policyholders seeking to protect their incomes in the event of medical disasters choose private plans because they typically offer better benefits than an employer-sponsored ERISA plan, or because the insured policyholders are self-employed. Others supplement group coverage covered by ERISA with private, individual disability insurance policies to cover as many bases as possible.

We Know The Law

At Gallup Auerbach, we help clients overcome obstacles and obtain their short-term and long-term benefits. With offices in Hollywood and Coral Springs, our attorneys handle disability cases for clients throughout South Florida.

Resolving Issues Involving Long-Term Disability Claims

Our legal team of lawyers represents clients in disputed long-term disability claims in employer-provided and private insurance plans. We have negotiated and litigated disputed claims against most major insurance providers.

Problems With Obtaining Short-Term Disability Benefits

Obtaining your benefits in short-term disability claims is no simpler than it is in the context of long-term disability insurance. There are many ways that insurance providers deny and delay paying out on these claims.

Contact Gallup Auerbach

If you think you have a claim, talk with a lawyer from our firm. We will take the time to explain your options and help you determine whether you have a valid claim. Call us at 888-545-2325 or email us today.

Florida Lawyers: Disability Insurance, ERISA Disputes

If you have become disabled by illness or injury and are no longer able to work, you expect your disability insurance company to provide the benefits described in your insurance policy. Sadly, many disabled people are denied coverage for claims.

ERISA Appeals

We have successfully resolved all types of disability insurance disputes, including those involving the Employee Retirement Income Security Act (ERISA). In fact, a large part of our disability practice is devoted exclusively to ERISA claims. If you have looked for very long, you know that it is hard to find an attorney to take an ERISA claim.

Private Disability Insurance Appeals

We also represent doctors, lawyers, and other professionals whose disability claims are denied by their private insurance carriers. In some instances insurance companies deny or delay claim payments systematically-without a good reason-just hoping the policyholder will give up the fight and go away.

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