Individual Disability Insurance

Skillfully Handling Non-ERISA Insurance Claims in Boston

In Boston and throughout New England, attorney Jonathan M. Feigenbaum, Esquire, offers skilled counsel to people filing long-term disability insurance claims under their individual disability insurance policy. If you purchased an individual disability insurance policy, your claim will be governed by state law, and you have many more options than those filing for benefits under ERISA.

Important Ways That Non-ERISA Claims Differ from ERISA Claims

If you file for long-term disability benefits under your individual policy, the claim and appeal process will proceed similarly. However, if you decide to file a lawsuit against your insurance company, you have the possibility of collecting compensation that you are not allowed to receive under ERISA. You are entitled to a jury trial, and you may be able to collect for consequential and punitive damages. These damages would compensate you for the loss of your home, for example, if your disability prevented you from working and your home was foreclosed upon and your benefits had been wrongfully denied.

Filing for long-term disability benefits under ERISA—the federal law that governs all employer-supplied disability insurance—precludes many of the remedies available under state law. Under ERISA, you are not entitled to a jury trial, or punitive or compensatory damages. You are only able to collect the disability benefits and, possibly money to cover attorney's fees, interests and court related costs.

Securing Non-ERISA Long-Term Disability Benefits for Our Clients

We can help you get the compensation that you are entitled to under your individual disability insurance policy. In these cases, we will help guide you throughout the process, from the application through the appeal stage, and into litigation, as necessary. In non-ERISA litigation, we will work to help you receive not only disability benefits—either in a lump-sum settlement or through monthly payments by your insurance company—but also the additional compensation that can help to make you whole.

If your insurance company mishandles your non-ERISA long-term disability claim, or denies it without cause, we can help you seek damages through a bad faith insurance claim. Your individual disability insurance is supposed to provide benefits if you are disabled. If you need help, Mr. Feigenbaum will work to help you receive the benefits and damages you need and deserve.

Contact Our New England Lawyer, Jonathan M. Feigenbaum, Esquire

We offer free initial consultations. To speak with an attorney about your long-term disability insurance claim under you individual policy, contact Jonathan M. Feigenbaum, Esquire, in Boston, Massachusetts. We can be reached by phone at 617-367-8787 or through the intake form on our Contact Us page.