Disability Insurance Claims
Legal Representation Nationwide
Out Client's Story
MetLife terminated Sharon’s long term disability payments. Sharon found an ally when she found DA&A. They filed suit and her benefits were reinstated. “All I can say is that David Allen & Associates is awesome-I tell people about them all the time.”
Click here to read more about Sharon’s Story
With over 43 years of experience we help you obtain insurance disability benefits. Disability insurance carriers frequently deny claims. We are here to help you through the quagmire of obtaining benefits.
Free Evaluation
Our firm will review your policy and claim. We will provide a candid evaluation. If we can assist you we will advise how. If we cannot, we will tell you why. The consultation is free.
Fee Is Success Dependent
Our experienced attorneys handle cases with the guarantee we will only charge a fee when we succeed in obtaining benefits for you.
Disability Policies Are Complex
Insurance companies write policies which differ from one policy to the next. Determining whether or not you possess coverage for the disabling condition you suffer is difficult. Exclusions and limitations narrow coverage and require a sophisticated analysis. The insurance companies possess vast resources with which to combat claims. Most people when confronted with bringing a claim under an insurance disability policy become frustrated and demoralized. Don’t give up. You possess legal remedies. We are here to provide them to you.
The Law Is Complex
Many people are insured for disability under policies provided by their employer. Lots of people don’t even realize they possess coverage until a disabling condition attacks. Employer-sponsored disability policies are governed by the
Employee Retirement Income Security Act (ERISA).
ERISA was enacted to ensure employees receive the benefits promised by their employers, including long-term disability coverage. When your employer-sponsored LTD claim is denied, you possess rights under ERISA. Many law firms do not handle ERISA cases because they are difficult. The disability attorneys at David Allen & Associates possess extensive experience with ERISA claims.
- Your original application – We correctly describe your job and required skills so insurance companies cannot argue you need lesser skills to perform your job. We possess extensive experience in presenting and describing the medical condition which produces disability, whether it is all too common or extremely esoteric.
- Your claim denial – Our lawyers understand insurance policy language. Some of them previously worked for insurance companies enforcing the language. We prevent wrongful denial of claims.
- Your ongoing claim – When the insurance company attempts to terminate your claim at an annual review we take the steps necessary to ensure payment.
ALL Forms of Disability Insurance
In addition to handling difficult ERISA cases our firm also handles insurance disability claims arising under
- Privately purchased policies
- Union sponsored policies
- Professional and Fraternal policies
- Policies provided through financial instruments, such as mortgages and credit cards
Appeals
What the Insurance Company Won’t Tell You.
If your insurance company denied or terminated your long term disability benefits, there is a very important fact to be aware of. It is a fact insurance companies fail to disclose. They prefer you don’t know.
Under the federal law known as ERISA (Employment Retirement Income Security Act), once an appeal is submitted in an attempt to reverse an adverse decision from your insurance company, there is no other opportunity to add items to your claim file. For example, if your insurance company reviews your appeal and maintains its decision to deny or terminate your benefits, you cannot submit any additional evidence - EVER.
You can file suit in federal court, but again - you cannot add any other supporting documents to your file. You cannot testify before the court. You cannot call witnesses on your behalf. The court will
only rely on the evidence you presented during the appeal stage, regardless of any updates in your medical condition.
It is a
very critical point in your claim.
With the abundance of material you must gather to present a cohesive and detailed appeal, we strongly urge you to contact our experienced legal team for assistance in perfecting your appeal. We have countless years of experience with insurance companies and the way that they conduct business. They can oftentimes be misleading and calculated; leaving you very little chance to persuade a medical reviewer, adjuster, or judge that your insurance company is obligated to pay your claim.
Coordination With Social Security Disability Claims
Most policies require you to apply for Social Security Disability when you bring a claim under the policy. Many companies will provide a “free” attorney to assist you with your Social Security disability application. In reality the attorney is not “free” but is paid for by the Social Security Administration withholding attorneys fees from benefits provided under Social Security law.
Our firm possesses a department which handles Social Security Disability claims. They work in conjunction with our Insurance Disability Claims Department. Unlike lawyers provided by a disability insurance company our lawyers possess an obligation to work for you, and only you. We will coordinate and maximize the benefits available to you under Social Security with the benefits available under your disability policy. We guarantee the cost for the Social Security disability representation will be exactly the same as the “free” attorney hired by the disability insurance company. This means you will pay nothing out of pocket for attorneys’ fees.
Get The Help You Need
Insurance companies wrote the policies, collect the premiums and want to keep the money. It is a long hard struggle going it alone.
Contact us today for a free evaluation which can change her life.