Legal Help for Long-Term Disability Claim Denial
If you become disabled so badly that you are no longer able to work, you trust that your long-term disability insurance will be there to help you make ends meet. Sadly, some people find that their insurance benefits are not there for them when they need them most.
I am Stephen Roger Bosin, an employment law attorney who helps people who are disabled by illness or injury receive the long-term disability insurance benefits they deserve. Whether you have purchased your long-term disability policy directly from an insurance company or through a group insurance program at work, I can help. Please contact me for a free phone consultation.
Winning Benefits in Hard-to-Prove Cases
I represent clients whose application for long-term disability benefits was denied as well as those whose benefits were terminated. I have won benefits for clients with hard-to-document conditions, such as chronic fatigue syndrome and fibromyalgia.
If you obtained your disability insurance through your employer, it is most likely controlled by ERISA, the Employment Retirement Income Security Act. Appealing a denied ERISA claim is a challenge that should not be undertaken without the assistance of an experienced attorney. The only issue on which to base the appeal is whether the company was arbitrary and capricious in denying your claim.
I have successfully handled ERISA disability benefits denial appeals and have won benefits for privately insured disability insurance policyholders. The majority of my cases are settled on terms that are very favorable to my clients.
I have tried or favorably settled disability cases against the major long term disability carriers in this country, and recovered hundreds of thousands of dollars. I have successfully obtained the payment of long disability payments to persons suffering from:
- multiple sclerosis
- partial paralysis
- unsuccessful spinal surgery
- chronic fatigue
- Lyme Disease
- finger tip psoriasis
- side effects of pain medication
- repetitive strain
- other causes of disability
I have successfully handled long term disability claims against the following long term disability insures:
- Paul Revere
I have written on the effect of new federal regulations on processing long term disability claims which was published in the New Jersey Law Journal, and have lectured to the Association of Trial Lawyers of New Jersey, the New Jersey Chapter of the National Employment Lawyers Association, and the Bergen County Bar Association.
I recently was able to persuade CIGNA to reverse its denial of benefit decision arising out of cognitive limitations following a stroke ,and Prudential to reverse its decision arising out of chronic musculoskeletal pain. The benefit value of these claims was in excess of $1,000,000.
To learn if I can be of assistance to you, please contact me for a free phone consultation.
From offices in River Edge, New Jersey, employment lawyer Stephen Roger Bosin represents clients in Bergen County, North Jersey and the New York metropolitan area.
The facts of every case are unique, the results of each case will depend on the facts of each case, and the results of a case cannot be guaranteed.
Effective preparation prior to filing the claim can increase your chances for success. I can help with these important factors:
Review: Every disability plan defines disability in a particular way. It is important to obtain a copy of your disability plan, review it, and prepare a claim that integrates the definition of disability with your symptoms.
Proof: If you believe that the definition of disability encompasses your illness or medical condition, you must provide proof of the medical condition and support your claim with evidence demonstratives how the condition prohibits you from performing the material duties of your job.
Support: You must collect data that shows the extent of your symptoms and how they impact your ability to work. Starting a journal of your medical visits, symptoms, and other information can help. In addition to collecting data, your doctor may also need to write a letter describing your condition and explaining how it impacts your ability to work.
THE DISABILITY CLAIMS PROCESS
Long term disability claims filed under insurance purchased or provided by your employer are usually governed by ERISA regulations. ERISA sets forth a procedure for resolving disability benefits claims.
Preparation of Your Claim
Because all evidence must be submitted to the insurance company prior to going to court or in combination with your initial claim, effective claim preparation is essential to success.
Filing the Claim
It is not uncommon for insurance companies to initially deny long term disability claims. However, if the claim is properly prepared, there will be a higher chance of success early in the disability claims process.
Your Right to Appeal
Normally you have 180 days from the date you receive notice of the denial of your claim to file an appeal. If you have not consulted an attorney, it is important that you seek legal assistance immediately in order to have ample time to prepare the appeal.
I gather medical records, statements, and other information which supports your diagnosis and explains how your condition limits your ability to work. If the appeal is won, I can assist with updates to the insurance company reaffirming your need for benefits during its ongoing monitoring of your claim.