The compensation that you get from your employer likely goes beyond your regular paycheck. It may include insurance benefits such as long-term disability benefits that can help you if you become disabled. This long-term disability insurance is part of your compensation package. You earned the insurance coverage by working hard, and you should receive the insurance benefits when you qualify for them.
Unfortunately, this doesn’t always happen. You may be suffering from a medically documented long-term disability and the insurance company may be fighting your claim. The insurance company doesn’t want to provide you with fair long-term disability insurance benefits, but our North Carolina ERISA Disability Lawyers of Brent Adams & Associates are ready to help you get the benefits that you’ve earned.
Your Legal Right to Long-Term Disability Benefits
Long-term disability coverage that is provided as part of your employee compensation package is likely covered by the Employee Retirement Income Security Act (ERISA). ERISA protects your right to recover long-term disability benefits. However, the insurance company that is responsible for paying your benefits may still try to find a way to deny your claim and prevent you from receiving the benefits that you’ve earned so that it can maximize its own profits.
Be Prepared for a Denial of ERISA LTD Benefits
The insurance company wants to deny your claim or to get you to accept as little as possible for your claim so that it can maximize its profits. It may do this by:
- Confusing the definition of disability. Disability should be defined in your insurance policy. Some policies define a long-term disability as one that keeps you from performing your “own” occupation and some define it as one that keeps you from performing “any” occupation.
- Claiming that you have a mental health or substance abuse-related disability. If your disability is classified as a mental health or substance abuse condition then you may have a shorter period of eligibility for benefits.
- Trying to prove that you are not really disabled. Insurance companies may try to argue that your medical records fail to prove your disability, they may send investigators to follow you to prove that you are not truly disabled, or they may use other methods to deny your claim.
- Placing too great a weight on its own review. The insurance company may order a functional capacity evaluation or have a nurse perform a medical review and wrongfully conclude that you are not disabled.
The insurance company may try one or more of these tactics, but the insurance company may not be successful in its attempt to deny your claim if you fight back.
How to Get the ERISA LTD Benefits You Deserve
The insurance company has a legal duty to act in good faith and to treat you fairly. The experienced North Carolina ERISA Disability Lawyers at Brent Adams & Associates will hold the insurance company accountable for this legal duty and will fight hard to get you the benefits that you’ve earned. We can represent you at any stage of the process—from before you file your insurance claim until you need to be represented in federal court.
One mistake, such as a missed deadline, could jeopardize your receipt of long-term disability benefits. Once you submit an appeal to the insurance company, you may be unable to submit additional documentation at a later time. Additionally, anything that you say to the insurance company may be misconstrued and used against you. We can prevent mistakes like that from happening and fight to make sure that the insurance company complies with its legal obligations to provide you with fair benefits by handling all aspects of your claim for you.
Our North Carolina ERISA Disability Lawyers Working For You
We have one goal. That goal is to get you the long-term disability benefits that you earned while working for your employer. Contact our North Carolina ERISA Disability Lawyers as soon as possible to make sure that all of your rights are protected. We would be pleased to evaluate your claim and to meet with you for a free, no-obligation consultation to talk about how to protect the long-term disability benefits that you deserve.