Knowing when and how to file for long term disability insurance benefits under a Lincoln Financial policy can be a challenge, and this process can be fraught with potential pitfalls that may not be apparent to many claimants. Learn more about what to expect when filing a disability insurance claim with Lincoln Financial and how the attorneys at Dell & Schafer can help you navigate this stage of your disability insurance claim.

Understand Your Disability Policy Language and What it Requires

When it comes to disability insurance, there are two prevailing schools of thought—(1) disability insurance benefits claims should be paid if the claimant can no longer do their job; and (2) disability insurance benefits claims should be paid only if the claimant can no longer do any job. Knowing which of these categories your own Lincoln Financial policy falls into will tell you what you need to prove to win your disability claim. Continue Reading How to Apply for Disability Insurance Benefits with Lincoln Financial

Canadian-based Sun Life provides group long term disability insurance policies throughout the United States, and like many disability insurance carriers, its disability insurance claimants tend to get their fair share of insurance benefit denial letters. But unlike some of the largest disability insurance carriers, Sun Life provides very thorough denial letters when it rejects a disability claim. Often weighing in at eight or nine pages to the more typical three or four, these letters can provide disability insurance claimants with a valuable roadmap to what they’ll need to prove to win a disability insurance lawsuit. Learn more about what happens after a Sun Life Disability insurance claimant has exhausted their disability insurance administrative appeals and is ready to sue this insurance carrier for disability benefits. Continue Reading Sun Life Disability Insurance Income Lawsuit & Benefit Denial Tips

When it comes to disability insurance companies, there’s one universal truth: they don’t make money by approving claims. But there are options, and it’s important not to take a denied disability insurance claim as the final answer when it comes to your disability insurance determination. You may be able to appeal the denial of your insurance claim and, if the facts are in your favor, you can win. Read on to learn more about what’s involved in filing a disability insurance lawsuit against Guardian Disability.

Guardian Disability Benefit Denial Lawsuits and What a Claimant Should Expect

Guardian Disability denied disability claim letters generally cover two types of policies:

  • Individual Disability Insurance (IDI) (including Berkshire policies (sold mostly to doctors, lawyers, and other professionals) and Guardian’s policies);
  • policies governed by ERISA, or the Employee Retirement Income Security Act.

Both individual disability insurance and ERISA policies have their own advantages and disadvantages and can be very different when it comes to litigating a disability insurance denial-of-benefits claim.

A Guardian Individual Disability Policy Provides A Claimant With More Options than a Group Policy

Simply put, an individual disability insurance policy provides you with far more rights than an ERISA or group policy when you’re appealing a denial of coverage. If you enlist the attorneys at Dell & Schaefer to assist with your Guardian Disability claim, we’ll instantly be able to see whether you have an individual or ERISA policy as soon as we review the policy itself.

If you have an individual policy, you can choose to file in state or federal court – but if you have a group or ERISA policy, you’ll have to litigate your disability insurance claim  in federal court, under broad federal laws and standards. Individual policies provide for a claimant’s potential recovery of not only the back benefits and attorney’s fees and costs, but also punitive damages (if you live in a state that allows punitive damages in breach-of-contract claims). ERISA policies, on the other hand, don’t allow disability insurance policy holders to request or recover punitive damages, no matter how egregious the insurer’s behavior was.

Finally, individual disability insurance policies allow claimants to request a jury trial, which can provide a huge advantage. Although the damages available are the same regardless of whether it’s a judge or jury trial, having the ability to present your case to a jury of your peers, cross-examine witnesses, and introduce documents can make the evidence of your disability seem more persuasive than a dry administrative record.

If you prevail in your claim, whether through litigation or in an out-of-court settlement, your case will be remanded for a determination of whether you’re currently disabled and are likely to remain disabled in the future.

Most Guardian Disability Insurance Lawsuits will Result in a Lump-Sum Buyout of Your Policy

What other types of case resolutions are common if your long term disability insurance appeal doesn’t ever make it to a jury (or judge)? The vast majority of these appeals settle before trial. This litigation is just too risky on both sides – insurance carriers don’t want to risk losing, and neither does the claimant (who may already be facing hefty medical bills or a long stint of unemployment).

Usually, before trial, a claimant’s attorney will send a settlement demand. When a disability insurance claim is settled, the claimant and insurance carrier have agreed to dismiss the claim for an agreed-upon lump sum to the plaintiff. The claimant will then sign a release making the policy null and void – essentially a “divorce” from the insurance company.

At Dell Disability Lawyers, let an experienced disability insurance attorney provide you with an immediate free consultation to discuss your Guardian Disability claim. Give us a call at 888-699-9438 or fill out the quick consultation form on our website to get in touch with one of our knowledgeable, compassionate attorneys today.

Mass Mutual Insurance Company isn’t one of the big names in disability coverage, even though it does offer individual and group long-term disability policies. If you’ve been injured and are unable to work, Mass Mutual will pay you disability benefits according to the terms of your disability policy—but this coverage often doesn’t come without some hiccups, and benefit denials are common. What should claimants know about appealing the denial of a Mass Mutual disability benefit claim, including an ERISA lawsuit?

GREGORY DELL: Hi, I’m attorney Gregory Dell here with attorney Cesar Gavidia. And we are going to talk to you about private disability insurance lawsuits against Mass Mutual Insurance Company. And Cesar, the reason I said that they’re private disability suits is, at least from 99% of the cases we’ve seen is that the people who are buying these, Mass Mutual, long-term disability insurance policies have bought them from an agent. And basically, what that is that makes it a private contract. And that contract says that if you’re unable to work or whatever the definition of disability is, then Mass Mutual will pay you disability benefits.
Continue Reading Mass Mutual Disability Lawsuit and Benefit Claim Denial Information

Over the years, our disability insurance attorneys have reviewed thousands of disability insurance denial-of-coverage letters from Reliance Standard. Simply put, Reliance Standard makes it difficult for their policy holders to receive their disability insurance benefits. But disability claimants have the right to appeal a denial of coverage, and it’s possible to win these claims. Learn more about the litigation process and your options after a claim denial.

What to Know About the Reliance Disability Insurance Lawsuit Process

A group disability policy provided by your employer (like many Reliance Standard policies) is governed by the Employee Retirement Income Security Act (ERISA). ERISA requires insurance companies to offer certain types of policies, expanding the options available to employees; however, this comes at the cost of certain litigation rights.
Continue Reading Attorney Tips: Reliance Standard Disability Lawsuit and Claim Denial Options

MetLife is a gigantic disability insurance company that sells both short-term disability (STD) and long-term disability (LTD) benefit policies. You may not realize that each policy is different. This means that your best shot at avoiding a denied disability claim, and of being approved without needing to go through an appeals process, is to have the help of a disability insurance law firm.

At Dell & Schaefer, the first thing we do is review your policy. We determine exactly the definition used in your policy for disability and work from there. Often, for the first 24-months of receiving disability, you must show that you are unable to perform the material duties of your own occupation. After that, the definition may change and require you to show you are unable to perform the duties of any occupation for which you have education or training.
Continue Reading How Can I Get Approved for MetLife Disability Insurance Benefits?

Are you running into roadblocks with your doctor as it relates to asking for disability? In this video and article, disability insurance Attorneys Gregory Dell and Cesar Gavidia discuss how to ask your doctor for disability, how to get your doctors to complete disability insurance documentation, and the importance of keeping your doctors informed of your daily struggles, symptoms, and the limitations that effect the requirements of your job.

GREG DELL: Hi, I’m Greg Dell with attorneys Dell & Schaefer here with Cesar Gavidia. And today’s disability insurance question is, “How do I ask my doctor for disability?” And this is probably, Cesar, one of the most challenging aspects of any disability claim because you know that if you don’t have medical support, you’re never getting approved for disability. That’s the way it goes with any of these disability claims.
Continue Reading How Do I Ask My Doctor For Disability?

Qualifying for disability insurance benefits is not a given just because you hold a disability policy through an employer or other organization. In this article, learn how to actually qualify for the disability insurance benefit in your existing policy.

The Dell & Schaefer disability insurance law firm handles long-term and short-term disability insurance claims rather than benefits provided by Social Security disability programs. There’s a big difference between the two, so this article focuses specifically on disability claims filed by insurance policyholders.
Continue Reading How Can I Qualify to Receive Disability Insurance Claim Benefits?

As attorneys at Dell & Shaefer disability insurance law firm, we’ve seen just about every type of medical condition and are fully equipped to understand what’s involved to get paid your disability income benefits. Following is a glimpse of the five most common health issues leading to disability claims, as well as some essential things that disabled policyholders should know. Continue Reading The Most Common Causes of Disability Insurance Claims and Benefits

Research
An insured whose dependent children receive Social Security Survivor Benefits is fighting with Cigna over a potential application of an offset related to the dependent benefits.
Is Cigna Seeking To Offset Disability Benefit by Social Security Survivor Benefit?

Q&A – Applying for Benefits
What does it take to get approved for disability insurance benefits?
Is It Hard To Get Approved For Long Term Disability Insurance?