LTD Attorneys serving clients across the United States
Walker & Hern can help you acquire the long-term disability (LTD) insurance benefits you are entitled to receive. If you have been denied benefits, your benefits have been cut off, or if you have exhausted your administrative appeals and need to file a lawsuit, we are ready to help develop a comprehensive legal strategy to help maximize the chances to protect your rights and preserve your benefits. We represent people just like you who can no longer engage in full-time employment due to illness or injury and deserve LTD benefits.
We recognize how important this legal matter is to our clients and we take the time necessary to ease their stress while effectively representing their needs. Some of the questions we are asked regularly include:
- How do I file a claim?
- What should I do if I am denied LTD benefits?
- Do I need an attorney to appeal a denial?
- Will I need to go to trial to get my LTD benefits?
- Should I take a lump sum settlement?
- How do I protect my benefits in the future?
Every case is different, and it is important to discuss your situation with an attorney that has the experience to provide you with the tailored solutions you need to succeed. Contact Walker & Hern to discuss your legal matter with the professionals.
Insurance companies use tactics that are all too familiar
Walker & Hern has significant experience handling long term disability matters. We have seen every tactic used by disability insurance companies to avoid fulfilling claims like yours. For most of our clients, the insurance companies take the same approach. First, the insurance company delays a decision regarding your claim, even if they finally decide that you are eligible for benefits. Delaying benefits is good for business. Second, insurance companies tend to quickly deny claims by:
- Using the language of your policy to deny responsibility or coverage
- Citing insufficient medical proof to support the claim
- Unreasonable reliance on the Functional Capacity Evaluation Report
- Citing a peer review from a doctor unfamiliar with your situation
- Using a registered nurse to conduct a medical review
Lastly, insurance companies tend to defend their decision at all costs, including litigating the matter with a team of attorneys.
Filing a claim
Filing a long term disability claim is a complicated matter that deserves the attention of a skilled attorney. At Walker & Hern, we understand how significant it is to get the financial support you deserve. You will need to establish proper and necessary medical support. This includes establishing your diagnosis from a qualified doctor who is willing to advocate for you. The next major step is to determine the date of your disability, including establishing when you triggered your coverage and the correlation between your professional activity levels and your income over time, determining how your disability impacted your professional life. Lastly, with the help of your attorney, you will finally submit a Notice of Claim with your insurance company. Walker & Hern are ready to guide you every step of the way.
Have you been offered a lump sum settlement?
If you have been offered a lump sum settlement payment, we understand that you are tempted to accept a quick cash payment because of the financial burden of your disability. When an insurance company ultimately decides on the amount for a lump sum settlement, they take many factors into consideration, including your life expectancy, the chances that you will remain disabled, the value of your current benefits, the condition of their reserves. While these factors play a large part, their goal is to limit the payout and protect the bottom line. Before accepting an offer, it is important to discuss your situation with an attorney that can advise you on whether this payment should be considered.
Have you been denied benefits? It may be time to appeal.
If you have been denied a claim, you may need to appeal your case with your insurance company. You have 180 days in order to do so. Walker & Hern offers effective representation detailed advice throughout the appeals process. Here are some of the most important things we can do to help you succeed in the appeals process:
- Identify the reasoning behind your long-term disability claim denial
- Prepare your appeal by acquiring additional medical records and evidence
- Obtain opinions from your treating doctors concerning your impairments resulting from your injury or illness
- Complete the appeals paperwork
- File your LTD claim appeal within the required time limits
Have you exhausted all of your appeal options? You may need to file a lawsuit.
If your appeals are exhausted, you may need to take further legal action to protect your rights. This means the possibility of bringing a lawsuit against your insurance company. Some of the potential steps we may need to take include:
- Filing either an ERISA lawsuit in federal court or a breach of contract lawsuit in state court
- Conducting additional discovery of your insurance company
- Appearing for status conferences with the presiding judge to set a trial date
- Preparing your case for mediation
- Preparing your case for trial, including exhibits like medical records and physician opinions
- Preparing pretrial motions and briefs
- Taking the case to trial
We Don’t Get Paid Unless You Do
We handle most long-term disability claims on a contingency fee basis, meaning that we charge a percentage of the amount recovered. It is contingent in that you owe us nothing if there is no recovery. If your internal administrative appeal is successful, we charge a percentage only of the back pay that is owed, and nothing on your future monthly benefits. We also advance costs and expenses.
Walker & Hern Can Help
Walker & Hern have assisted numerous clients just like you recover or preserve their LTD benefits. We know how difficult it can be to face an uncertain future. Our experience successfully representing clients against the biggest names in insurance provides us with the skill and know-how to get the job done efficiently and effectively. We are available to provide representation anywhere in the country. Our goal is to protect your rights while making the process as easy as possible for you. Contact us to discuss your legal situation.