You’ve submitted a long term disability claim to UNUM and just received notice your request for benefits was approved – congratulations! But if, like many claimants, you assume this approval letter is the end of the story when it comes to your receipt of disability benefits, you may be mistaken. Below, the attorneys at Dell & Schaefer will explain more about UNUM’s claim re-evaluation process, lifetime disability clauses, and what claimants should do to preserve their right to receive long term disability benefits from UNUM.

GREG DELL: Hi. I’m Greg Dell with attorneys Dell & Schaefer. And today’s disability question is, how long does Unum long-term disability last? And Stephen, I think this is an excellent question because every policy is written differently, which you’re going to talk about in a minute. But also it really doesn’t matter in a sense how long the policy is because just because you get approved doesn’t mean you’re staying on it–

STEPHEN JESSUP: –that long.

GREG DELL: And talk about first why just getting approved doesn’t mean you’re going to get the maximum duration under the policy. Continue Reading How Long Does UNUM Long Term Disability Benefits Last?

Missing even a single paycheck can put a major dent in many families’ finances, and combining this with medical bills can be a double whammy. If you’ve suffered a disabling injury and are wondering when to file for long term disability insurance benefits, you’re not alone. Many disability insurance claimants may worry about either filing too soon or waiting too long and complicating the process. The truth is, the “right” time to file can vary from person to person based on each disability insurance  claimant’s unique situation. Learn more about just a few of the factors that can go into a disability insurance  claimant’s decision on when to file and what to expect while waiting for a decision. Continue Reading How Long Do You Have To Be Out Of Work To Apply For Long Term Disability Insurance Benefits?

AIG, known to many as the American General, offers long term disability insurance policies to companies to pass along to their employees. But when it comes time to submit a long term disability claim to AIG, you may be wondering where to begin. Navigating the ins and outs of a long term disability claim can be complicated, but you don’t have to do it alone. Learn more about what claimants can expect when filing an AIG long term disability claim, as well as how the legal team at Dell & Schaefer can assist with the disability claim process.

We can quickly let you know if we think you have a valuable claim against AIG. Many of these claims are resolved through a lump sum settlement, which can help provide claimants with an instant source of income during an otherwise uncertain time. Continue Reading Tips to Get Your AIG/American General Disability Benefits Claim Approved

What Makes Assurity Different

Assurity Insurance isn’t one of the biggest disability insurance carriers out there, but they have 100 years of history and offer some high-value products. Unlike many long term disability insurance carriers, Assurity offers primarily individual policies, not group policies, which come with some unique rights and benefits. Learn more about what we’ve learned during our time helping disability claimants manage their Assurity long term disability claims. Continue Reading What Claimants Should Know About Seeking Disability Benefits from Assurity

If you’ve recently received a letter from Northwestern Mutual denying your claim for long term disability insurance benefits, you’re not alone. As one of the biggest (and most well-respected) long term disability insurance carriers operating in the U.S., Northwestern sends out tens (and perhaps hundreds) of thousands of these letters each year. What should disability insurance applicants expect when suing Northwestern Mutual to recover the disability insurance benefits to which they’re entitled? Read on to learn what the attorneys at Dell & Schaefer have discovered about litigating long term disability insurance claims against Northwestern Mutual. Continue Reading What to Expect From a Northwestern Mutual Disability Insurance Benefit Lawsuit

If you’re the holder of an individual or group long term disability insurance policy through the Equitable insurance company, you’re luckier than many claimants – these policies are generally thorough and high-quality, offering an expansive definition of disability and fairly few limitations as compared to other long term disability insurance policies. But proving to Equitable and its third party claims investigator that you’re entitled to disability benefits can still seem like an uphill battle for many claimants. What should disability claimants know about the disability insurance claim approval process and what they can expect from Equitable?

GREG DELL: Hi. I’m Greg Dell here with attorney Cesar Gavidia. And we are going to discuss the Equitable insurance company today. And specifically, we’re going to discuss how they handle long-term disability insurance claims. Now, Cesar, we know Equitable is a unique disability claim because of the fact that they commonly use a third-party administrator, known as Disability Management Services, to administer their claims. What’s been your experience when working with claims from the Equitable? Continue Reading Equitable Disability Insurance Claim Benefits Overview and Legal Tips

Are you waiting for your disability insurance carrier to APPROVE your claim? Attorneys Gregory Dell and Stephen Jessup discuss what you can expect while waiting for your disability insurance claim decision. Learn the factors that effect a disability insurance claim decision, what an “Elimination Period” is, and stalling tactics the carriers take advantage of.

Continue Reading How Long Does Long Term Disability Take to Process?

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.