Disability Insurance Claims

Long term disability claims involve financial claims for income replacement against an insurance company arising from an illness or injury that causes someone's inability to continue their employment.

Disability insurance is designed to protect against either a sudden illness or injury or a longer term degenerative problem that removes a person's ability to continue their employment.

The insurer will often take the position that the person is able to work or isn't sufficiently injured to maintain coverage under the policy terms or can work at some level of performance that again doesn't meet the terms of the policy that defines coverage. In such cases where the insurance company decides against a claim coverage under the policy is denied.

However these claims are often crucial to the person whose coverage has been denied when a serious illness, injury or impairment means continuing with employment isn't possible. Maintaining one's lifestyle, keeping one's roof over their head, providing support for self and family all are at stake in these claims.

Personal Injury lawyers handling these types of cases always recommend that when serious injuries result in disability from continuing with employment, speedy action by contacting a lawyer and getting early advice is important.

Whether the disability insurance comes from a private plan or an employer's disability insurance policy, any denial of coverage in the face of real injury is perceived by the claimant as both frustrating and frightening, particularly from a financial perspective. This is especially so when an insurance company appears to be acting arbitrarily or in a mean-spirited manner by denying the claim. While this may not in fact be the case, to someone unrepresented facing a denial by their insurer, it may seem so.

There are a variety of disability insurance plans and many different forms of coverage. Some are not cancellable by the insurer while others are. Some have guaranteed renewal capability for the policy holder, others not. Some plans define "disability" and "total disability" more or less strictly thus enlarging or limiting the types of claims that are covered under each differing policy.

There are differing limits on coverages under various policies of disability insurance as well as differing types of items aside from wage replacement that may or may not be included under the coverage provisions of a policy. These include certain medical benefits and treatments. And there may be limits and deductibles on those as well under any specific policy.

Personal Injury lawyers handling these kinds of disputed claims use medical expert opinion to assist clients in successfully maintaining these vital coverages whether through a process of negotiation with the insurer, through mediation or through a contested lawsuit pursued through the trial and judgment process. These are complex cases requiring experience, knowledge and skill to advocate for the disabled client who has had a disability insurance claim delayed or denied.

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