Author: Peter H. Burke

Denied Long Term Disability Lawyers for all the U.S.
LTD Claims Attorneys; Helping You Appeal a Denied Claim
Receiving notice that your claim for long term disability has been denied can be a frustrating experience. Fortunately, an initial denial does not signal the end of your pursuit of benefits; you have the right to file an appeal within 90 days of receiving notice that your claim has been denied.

If you have been denied a long term disability claim, it is time to consult an attorney regarding your options to appeal the decision. At the law firm of Burke, Harvey & Frankowski, LLC, our denied Long Term Disability attorneys leverage more than 50 years of combined experience to offer advice on your options for filing an appeal. Throughout our service to you, we will offer detailed advice on every step in the appeals process, including:

Understanding why your claim was denied
Setting deadlines for completing your appeal
Documenting all interaction with the insurer
Gathering additional documentation or supporting information
Writing an appeal letter
Following up with the insurance company
By helping you understand the reason your claim was denied in the first place, and addressing the weaknesses or mistakes, we work to help you file an appeal that offers you the best chance of obtaining benefits. We will also offer assistance through additional appeals processes if required by your insurer.

Taking Your Case to Court
In some cases, insurance companies refuse to grant benefits, even though you have fulfilled all of their requirements and are legally entitled to receive financial assistance under your policy. In other cases, the appeals process becomes far too convoluted as the insurer attempts to make it as difficult as possible for you to offer them the information needed to successfully appeal a denial.

In any situation in which you have appealed a denial directly to the insurance company, and have been rebuffed, you have the right to file a lawsuit and have your case reviewed by a federal judge. Unlike traditional litigation, court proceedings relating to LTD appeals involve no testimony from either party. Instead, the judge is given a copy of the appeal to review before making a judgment.

With the judge offered such a limited amount of information to work with, it is important that your appeal documents every detail of your case, a task that our attorneys will work diligently on.

LTD Lawyers: A Record of National Success You Can Count On
Long Term Disability Claim Attorneys
Winning a long term disability benefits claim can be a difficult task, especially on the first try. With insurance companies trying to protect themselves against fraudulent claims and excessive payouts, the process of obtaining benefits has become extremely challenging, and often requires the assistance of an experienced lawyer.

At the law firm of Burke, Harvey & Frankowski, LLC, our long term disability claims lawyers leverage more than 50 years of combined experience to offer advice to injured and disabled clients across the United States. Throughout our careers, we have learned a number of strategies and tips that can improve your chances of successfully obtaining the LTD benefits you are entitled to.

A Proven Approach to Your LTD Claim
Over the years, we have learned some of the best ways to approach your LTD claim, including:

File your application as soon as you are eligible: Submitting your claim early gives you the opportunity to obtain benefits as soon as you are eligible, or file an appeal without delay.
Request all of your medical records: Before filing a claim, be sure to obtain every medical record that pertains to the condition preventing you from working. In many cases, providing more information than absolutely necessary can be to your benefit.
Be organized: Insurance carriers may deny your claim if you do not provide the proper information, or if your information is not clearly related to your condition. Make copies of all related documents, and clearly label medical records, doctors’ notes and prescriptions before filing them away in a safe and secure place.
Be able to explain your work history: Working with your employer to obtain employment records, and writing a letter that explains your employment record can be invaluable in demonstrating how your injury or disability has impacted your ability to work.
Work with an attorney: Many individuals choose to file their initial benefits claim without legal advice. This can be an effective strategy in some cases, but may lead to difficulties in others. We suggest consulting an attorney, especially when you have received notification that your initial claim has been denied. With an attorney coordinating your efforts, it can be much easier for you to obtain the needed information and complete your appeal.
Contact a Long Term Disability Claim Attorney to Discuss Your Claim
If you are unable to work due to an injury or disability, it is important to understand the benefits you may be entitled to under your long term disability program. It is also important to discuss your claim with an experienced lawyer, especially if you have already been denied.

Our staff offers free consultations, and only collects legal fees if we are successful in helping you obtain benefits, all in an effort to reduce the stress you feel during your pursuit of financial support.

An Long Term Disability Lawyer Can Help in an ERISA Lawsuit
While many individuals are able to obtain long term disability benefits by simply filing a claim or an internal appeal, some insurers may refuse to approve a claim regardless of the number of appeals you file. In these cases, it may be necessary to file a lawsuit under the ERISA or the Employee Retirement Income Security Act. By filing a suit under these federal guidelines, you have the right to have your benefits claim reviewed by a judge who will then make a final ruling on your case.

At the law office of Burke, Harvey & Frankowski, LLC, our ERISA lawyers understand how important long term disability benefits can be when you are prevented from working due to an injury or disability. We also understand how difficult it can be to understand the ERISA guidelines and how they apply to your specific case. Our knowledge of the LTD claims process and federal ERISA guidelines allows us to offer the personalized advice you need to understand your rights and your options for pursuing the benefits you are entitled to under your long term disability policy.

Aggressively Pursuing the Benefits You Are Entitled To
Under the ERISA act, individuals who have exhausted all internal appeals with their insurance company have the option to have their case reviewed by a federal judge. During this review, only the information contained in the case file will be addressed; no testimony will be heard from either the insurance company or the individual making the benefits claim.

Since the judge’s view of the case is limited to the information contained in the case file itself, it is very important to insure that all necessary documentation is included on your file. To do so, our staff will work closely with you, your doctors, your employer and an accountant to gather all necessary information related to your case. We will also help you draft letters and written testimony regarding your injuries or disabilities in an effort to clearly demonstrate their impact on your life and your inability to work. In addition to these documents, we will help you address the insurance company’s reasoning behind the denial of your claim, and work to demonstrate that their reasoning is does not apply to your situation.

By working to put together the strongest case possible, we put you in the best possible position to obtain a favorable judgment.

Call Our Long Term Disability Lawyers to Discuss Your Claim
If you have received notice of a denial of your long term disability benefits claim, it is important to speak to an attorney regarding your options for appealing the decision and seeking benefits.