Disability/LTD Insurance Claims
Disability and Long-Term Disability (“LTD”) insurance offers income replacement if, because of an accident or sickness, you are unable to continue working and are residually or totally disabled. However, insurance companies often issue denials and increase the burden on you to provide additional evidence of your disability. If an insurance company denies your disability claim, you are not helpless. In many cases, what may seem like a proper denial, is improper under the law. An attorney experienced in disability insurance law can help you dispute the denial and recover your benefits.
There are several types of disability insurance policies governed by different laws. Long-term disability and short-term disability insurance policies are typically purchased individually or through employers, and may include occupation-specific, credit card, mortgage, business overhead and key-man disability insurance. Polices purchased directly from the insurance company are typically governed by state laws, such as the California Insurance Code and California contract law. Most of the policies issued through employers as group insurance are governed by the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 USC § 1001 et seq.
Disability/LTD Insurance Bad Faith Claims Denials
If your insurer improperly denied your disability claim under California law, you can bring a bad faith claim for policy benefits, “consequential damages” that are caused by a company’s bad faith conduct, emotional distress, punitive damages, attorneys’ fees and interest on past-due benefits (typically at the legal rate of 10%).
ERISA Disability/LTD Claims Denials
If your insurer or employer improperly denied your disability claim under federal law/ERISA, you typically have two opportunities to challenge this decision. First, you must appeal, or request a review of the denial decision, and if your claim is denied again, you can bring a lawsuit to recover your benefits, interest on past-due benefits and attorneys’ fees.
See ERISA Denials.
ERISA and Bad Faith Disability/LTD Claims Denial Experience
McKennon Law Group specializes in litigating and resolving disability (including long-term disability/LTD and short-term disability/STD) insurance claim disputes. We are experts in resolving long-term disability benefit disputes involving individual and group (employer-provided) policies involving ERISA. Because of our aggressive advocacy and our regional and national reputation as a leading disability insurance litigation firm, we are able to achieve maximum settlements and judgments/verdicts at trial.
Our attorneys are nationally recognized experts in disability insurance, life insurance, annuity and health insurance disputes involving insurance bad faith and ERISA. Our attorneys have chaired numerous local and national conferences and written numerous articles dealing with disability insurance, life insurance, annuity and health insurance disputes involving insurance bad faith and ERISA. Our attorneys are top rated by all major peer review rating agencies and we have been honored to receive numerous prestigious awards and recognitions. No attorneys in California or anywhere in the United States are better suited to litigate your bad faith or ERISA insurance claims denials. In fact, the attorneys of the McKennon Law Group previously represented the insurance companies that denied such claims, and thus have the broadest possible experience in litigating these types of insurance disputes. We can and will aggressively litigate your case to achieve maximum success. We have significant trial experience and we are not afraid to go to trial against the big insurance companies.
Contact us to schedule a free initial consultation regarding your insurance claim or litigation matter.
For more information, please see Disability Insurance FAQs.