Disability insurance provides financial security to people unable to work by awarding them periodic payments that compensate a portion of their usual salary. Studies show that one in four workers will be unable to work at some point in their lives, usually due to illness, physical impairment, or mental diagnoses. For this reason, many people purchase disability insurance under the good faith belief that they will stay afloat financially should unfavorable health conditions arise. It can be devastating when insurance companies deny a disability insurance claim or use deceptive tactics to delay benefits without a reasonable basis. Insurance companies have a history of taking advantage of a disabled worker’s vulnerable position by employing deceitful tactics to avoid paying a fair claim.
If your disability insurer wrongly denies or delays your short-term or long-term disability insurance after you faithfully paid your monthly premiums, you may have a claim against them. Our Dallas & Houston disability insurance claim lawyers understand how vital these payments are to you and your family’s well-being. We have spent years fighting against disingenuous insurance companies for our clients. Do not hesitate to contact Grisham & Kendall, PLLC at (713) 999-5085 to speak to a member of our legal team and receive support and guidance about your claim.
Disability insurance policies are often riddled with complicated and ambiguous language intended to confuse the policy holder when they try to argue their denied claim. There are many other ways a disability insurer can employ bad faith tactics, including:
Disability insurers have a legal and ethical duty to handle claims with fairness and integrity. Many people depend on disability insurance as their only source of income in light of their inability to work. As such, insurers who wrongly deny claims without a reasonable basis should be held accountable.
Short-term and long-term disability insurance protects you and your family by replacing a significant portion of your income in the event you become sick or injured and are unable to work. While less common than home, property, or life insurance, disability coverage enables you and your family to meet its everyday needs such as your mortgage, car, groceries, and even savings in a situation when your income suddenly disappears. It’s been referred to by some as “paycheck protection.”
If you’ve had to make a disability claim, and your insurance company has delayed, denied, or underpaid your claim, you’re no doubt dealing with extreme financial and emotional stress. Our Texas disability insurance claim lawyers can help you fight your insurance company by personally evaluating your medical records, determining the proper course of action with your doctors, preparing and filing the appeal of the insurance company’s claims decision, and if this isn’t successful, filing a lawsuit on your behalf against the insurance carrier.
The Employee Retirement Income Security Act of 1974 (ERISA) sets forth the rules for administering retirement and benefit plans, as well as certain “welfare benefit plans,” which refer to benefits such as healthcare or long-term disability. ERISA covers employee pension benefit plans, including retirement and 401(k) plans, which provide retirement income to plan participants. Death and long-term disability benefits are generally received as employee benefits pursuant to ERISA plans. To determine whether your disability claim is subject to ERISA’s rules, you should identify who purchased the insurance coverage. When the claimant’s employer purchases the insurance, your claim will generally be governed by ERISA. If an employer does provide benefits, they must follow the rules set by ERISA, including creating written plan documents and then filing a description of the plan, and annual reports, with the Department of Labor.
Read More: ERISA Claims
Disability insurance is meant to provide assistance during a disabled worker’s time of need. Wrongful denial of a claim or use of deceptive tactics to avoid paying a claim can significantly hinder the healing process for a worker who is out of a job. If you are experiencing bad faith tactics from a disability insurer, our disability insurance attorneys at Grisham & Kendall, PLLC may be able to help you receive the benefits you deserve. Call our Dallas offices at (713) 999-5085 to discuss the details of your case.
Insurance bad faith is a legal term that refers to the expectation that insurance companies will act in accord with their customers and policies, meaning they do not look for ways to avoid honoring a policy or refusing to pay deserving claims. When insurance companies break this legal obligation to act in good faith, policyholders can sue them for bad faith practices and can obtain the necessary compensation they should’ve received. Common examples of insurance bad faith include unwarranted denial of an insurance claim, offering less than the true value of the claim, and not responding to a claim or investigating within a reasonable period of time. There are a number of ways that insurance companies seek to avoid payment and commit bad faith.
Grisham & Kendall, PLLC can provide a number of services that can help with your disability claim and enable you to receive the compensation you need to get you through this trying time. Our skilled Dallas disability insurance claims attorneys are prepared to file an appeals claim with your insurance company, file a bad faith suit against your insurance company, obtain documentation of your disability from your doctor, file appropriate paperwork, and anything else necessary to ensure you obtain the compensation you need for your disability.
If you have a long-term disability, in addition to getting payments from your long-term disability insurance company, you can apply for Social Security Disability Insurance (SSDI) benefits after you have been disabled for six months or more. The benefits amount you receive is not based on the extent of your disability or your current income, but rather on your average lifetime earnings from before your disability began. You can receive SSDI benefits on their own or in conjunction with a private long-term disability insurance policy, and your SSDI benefits will continue for as long as you are unable to work, until retirement age if necessary.