Should I Hire a Long Term Disability Attorney?
Success may depend on reliable advice from the outset of your claim
Long term disability is a serious matter, and unless you can secure disability insurance benefits, your future could be in jeopardy. Unfortunately, many sick or injured parties don’t give enough thought to the consequences of a denial to their claim before they file. They take for granted that since they have coverage and what they believe is a legitimate claim, the disability insurance company will approve benefits. Many soon learn the process is not that simple; their claim is denied and they face a complex appeals process, further delaying financial relief. This is where our team of long term disability attorneys can help. Attorney John V. Tucker and his legal team in Fort Lauderdale provide knowledgeable assistance for initial filings and appeals all the way to filing lawsuits in state or federal court. Our goal is to get you the benefits you deserve as quickly and cost-effectively as possible, and we put more than 40 years of combined experience into our efforts.
Reasons to consult a long term disability insurance attorney
When deciding whether you need an attorney for your initial claim filing or your appeals, there are several things to consider:
- Your financial interests — You have a great deal of money riding on your claim. Without your long term disability benefits, you could go deeply into debt or even be forced into bankruptcy. If your disability is permanent, your only recourse would possibly be Social Security disability.
- Insurer’s interests — With so much money at stake, the insurance company has a great financial incentive to deny your claim. Adjusters scrutinize long term disability claims very closely, looking for insufficiencies of proof or loopholes in the policy that might justify a denial. They may even request information from you under the pretense of processing your claim, only to use that information to deny you coverage.
- Excluded conditions — Many long term disability policies contain exclusions for certain diseases, workplace injuries, or conditions like fibromyalgia or some autoimmune problems that cannot be proven by medical tests. Policies also may contain limitations on payments for conditions due to alcoholism, drug abuse, or mental conditions.
- Pre-existing conditions — Although the law currently provides greater protections for pre-existing conditions in healthcare policies, long term disability policies often exclude conditions that were present before coverage under your long term disability policy began. If your disabling condition is related to the pre-existing condition, the insurance company will try to deny coverage.
- Complexity of the file — Your physician’s word alone is not sufficient to win approval for your claim. Disability requires a high level of medical proof. This includes diagnostic testing, but unfortunately, not every condition can be proven through tests. Illnesses and injuries that produce vertigo, chronic pain or fatigue require various types of verifications from trained professionals. An experienced long term disability insurance attorney can help you assemble the evidence necessary to prove you are disabled, not only from you and your doctors, but also other expert witnesses like vocational experts.
- Evidence rules — Once you have submitted your claim, ERISA limits your appeal to a review of your file. You cannot add additional evidence of your disability later in the process. An experienced ERISA attorney can help you get your claim application in the best form possible to assure your best chance for first-time approval or success on appeal.
John V. Tucker’s firm provides highly personalized legal services for long term disability claims. The reason for our high rate of success is our intense dedication to detail in service of our clients.
Contact our Fort Lauderdale legal team for your long term disability claim
Before you submit your long term disability insurance claim, learn more about how our experienced legal team can help. We deliver excellent client service, and there are no upfront legal fees. To schedule a free consultation, call us at 866-282-5260 or contact our office online.