Long Term Disability Attorney Houston
Texas Litigation Firm Representing Clients Across the U.S.
Long Term Disability Lawyer Houston - Contact Us Today!
Although it may seem like getting long-term disability coverage should be an easy task because you have already been paying monthly premiums for coverage, the reality is often actually quite different. Many insurance companies are inclined to deny disability insurance claims to deserving candidates. Suffering a long-term disability can be extremely devastating and you need to fight for the benefits you need to survive and keep you and your family financially stable.
From dragging their feet in payments to simply denying benefits altogether, insurance companies can greatly impact your life. If your insurance company is acting in bad faith and has denied or significantly undercut your long-term disability benefit payments, you need the assistance of a qualified insurance litigation attorney. At Grisham & Kendall, PLLC, our Houston long term disability lawyer will help you fight for the benefits you need. Contact us today at (214) 308-2027 for the committed help you need.
Contact Grisham & Kendall Today
The attorneys at Grisham & Kendall, PLLC have represented Houston residents for more than 20 years. We offer a review of your policy and claim and are happy to discuss the issues relating to long term disability claims. If you would like our long term disability claim attorneys to review your policy at no cost and with no obligation, please call Grisham & Kendall, PLLC at (214) 308-2027 to schedule a call or contact us using the form.
Long-Term Disability Coverage
No one can predict when they will suffer a devastating injury or serious medical condition that could keep them out of work for over a year. Long-term disability insurance pays you a percentage of your salary you would have earned if you would have worked as normal.
If you have been making monthly payments for your long-term disability insurance, you expect your insurance company to respect your claim. Unfortunately, many companies act in bad faith. This could greatly impact your life so get a professional legal representative to help you today.
Long Term Disability Lawyer Houston Texas
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.
Types of Bad Faith Disability Insurance Practices
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:
- Using their own doctor to invalidate assessments your doctor made
- Insisting your medical condition was pre-existing
- Denying your medical records
- Failing to disclose a policy holder’s benefits
- Providing partial payments rather than full payments
- Not investigating the claim in a timely manner
- Deliberate misrepresentation of included coverage to avoid paying claims
- Abusive or intimidating conduct
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.
Houston Short-Term & Long-Term Disability Insurance Claims
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 Houston 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
Contact a Disability Insurance Lawyer in Houston
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 Houston disability insurance attorneys at Grisham & Kendall, PLLC may be able to help you receive the benefits you deserve. Call our Houston office at (713) 999-5085 to discuss the details of your case.
Houston Long Term Disability Insurance FAQ
Short and long term disability benefits pay a percentage of your income while you are unable to work.
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.
While not required, some employers do offer continued health insurance coverage while an employee is on either short or long term disability leave.
Most long-term disability policies pay out benefits for two, five, or ten years, or until retirement. A five-year benefit period is typically enough to cover most people; with the average disability claim being for three years.
Typically, an employer-provided long term disability policy will pay out 60% of your monthly pre-disability earnings.
Your pre-disability earnings are the income you were making each month prior to your disability.