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.