A Lawyer for Long-Term Disability Appeals and Lawsuits

Our Kansas City long-term disability lawyer helps claimants receive the long-term disability (LTD) benefits they deserve after an illness or injury.  If you have been denied benefits, we can help prepare and file your administrative appeal in order to have your LTD claim approved.

If you were receiving long-term disability benefits and benefits were terminated, we can prepare and submit the appeal to have your benefits reinstated. In certain circumstances, if you have already filed your administrative appeal, we may be able to file a lawsuit against the insurance company. 

Long-Term Disability Claims Are Different

Long-term disability claims are different than most other types of insurance claims.  Most lawyers, even social security and worker’s compensation lawyers, don’t handle long-term disability claims. These claims are different. 

The reason is many long-term disability insurance policies are governed by a federal law called ERISA.  If you speak with any lawyer about your LTD claim or appeal, ask if they are experienced in ERISA. Not many lawyers want to take these cases because of how difficult and complex they are due to ERISA.  Other attorneys may not be aware of the strict deadlines and requirements contained in ERISA.  If your long-term disability case is governed by ERISA, you need an attorney who is trained and experienced in this unique area of law.

What's ERISA & How Does It Impact My Long-term Disability Claim?

Kansas City erisa long-term disability lawyerERISA is an acronym that stands for the "Employee Retirement Income Security Act."  Congress passed ERISA to protect private health and pension plans, and it also governs to many group long-term disability plans.  ERISA sets out how disability claims are processed and how appeals are handled. 

If your long-term disability is governed by ERISA, you should have received a document stating that ERISA applies.  If you aren't sure, an ERISA-trained lawyer can help.  Our Kansas City long-term disability attorney has handled ERISA claims and appeals and would be happy to confirm this for you with a free consultation.

ERISA strongly favors insurance companies.  The law is complex and has specific rules and very short deadlines that you must follow. If you do not, your appeal for benefits will be dead on arrival.  With these claims (perhaps more than any other), you cannot afford to wait!

Our long-term disability attorney is experienced in ERISA claims, whether your long-term disability insurance was obtained through your employer’s group plan (likely, an ERISA plan) or on an individual basis.  If you have been denied benefits or are were recently cut off from receiving benefits, we can help you.

How Our Long-Term Disability Attorney Can Help

If you have a long-term disability claim, here’s what you should do:

  1. Call us today at 816-203-0143, for a free, no obligation consultation about your LTD claim.  If you have not submitted your claim for LTD benefits, we can help by reviewing the policy and claim documents and by offering guidance on ways to strengthen your claim.
  2. If your claim has been denied, send us your denial letter.  We will review it for free and provide a strategy on how to fight back.  You can fax it to us right now at: 816-945-7190.
  3. If you have already appealed your denial and it was still rejected, we can review your appeal to see if we can be of assistance.  However, we do not recommend you wait this long or that you attempt to appeal your denial without an ERISA-trained attorney. Some plans only allow one appeal. If your appeal was insufficient, we may not be able to help you because ERISA laws generally prohibit submitting additional evidence later on. (This is another way ERISA favors insurance companies).

No matter what, do not delay in pursuing your claim.  Strict deadlines can destroy your right to appeal a denial. Call us today at 816-203-0143.

Insurance Company Denial Tactics

Insurance companies are in business to make money. Adjusters are trained on tactics to use to maximize company profits and minimize payments on claims.  Such tactics include delaying coverage decisions, denying valid claims, and hiring attorneys to defend denials.

Other tactics used by disability insurance companies include:

  • Asserting that there is “Insufficient Medical Proof” for your claim, even though you have treating doctors that support and document your disability.
  • Hiring its own physician who has never seen or examined you to discredit your treating physicians.
  • Requiring a Functional Capacity Evaluation (FCE) report or Transitional Skills Analysis (TSA), to establish functional capacities for jobs that you do not have.

Fighting back against an insurance denial is hard, and the insurance companies know most people won’t do that.  They have been in business for years and have the resources, attorneys and even medical professionals needed to support their actions. They know most people won’t go to the trouble to appeal their decision, hire a lawyer or take legal action.  And they are right.

Most people don’t fight back.  But our law firm helps those that do. 

Long-Term Disability Insurance Companies

The market for long-term disability is saturated with companies that offer both employer-sponsored plans governed by ERISA and individuals plans.  Such LTD companies include:

  • Unum Group
  • Life Insurance Company
  • Mutual of Omaha
  • MassMutual Financial Group
  • MetLife
  • Hartford
  • The Standard
  • Sun Life Insurance Company
  • Northwestern Mutual
  • Reassure America
  • Assurant
  • CIGNA
  • Aetna
  • New York Life
  • Principal Life Insurance Company
  • Guardian/Berkshire

Many of these plans were sold to large employers and likely seemed like cash cows.  However, with more and more claims, denials have become the easiest way to cut costs. Regardless of which company you are dealing with, your policy promised to take care of you in the event you couldn’t do your job.  Our law firm can help uphold that promise.

Call Our Kansas City ERISA Long-Term Disability Lawyer

Long-term disability policies and the rules and regulations of ERISA strongly favor insurance companies. These laws were not made for consumers, and it is easy to make a mistake in appealing a long-term disability denial. For this reason, we strongly recommend you consult with an ERISA-trained long-term disability lawyer early in the process. 

Our long-term disability lawyer is ready to work diligently to assist you in filing a claim or appeal that is clear, concise, and complete with all necessary information.  While we cannot guarantee an outcome, our goal is to make the insurance company pay any benefits you are owed and maximize the recovery under your long-term disability policy.

If your long-term disability claim has been denied, please contact our firm for a free, no obligation review of your denial letter: 816-203-0143.  Don’t wait, call today.

Kevin J. McManus
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Kevin McManus – Kansas City Personal Injury Attorney

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