In Boston and throughout New England, disability lawyer Jonathan M. Feigenbaum offers skilled counsel to people filing for disability insurance benefits under their individual insurance policy. If you purchased a long term disability insurance policy, state law governs your claim, and you have 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 file a lawsuit against your insurance company, you may collect compensation otherwise prohibited under ERISA. Individual policies entitle you to a jury trial as well as collecting for consequential and punitive damages. For example, foreclosure of your home due to loss of income from disability would result in compensation.
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. ERISA law does not entitle you to a jury trial, or punitive or compensatory damages. in fact, 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 Insurance 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, as well as litigation if 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 Massachusetts Long Term Disability Lawyer Jonathan M. Feigenbaum, Esquire
We offer free initial consultations. To speak with a long term disability lawyer about your insurance claim, contact Jonathan M. Feigenbaum, Esquire, in Boston. Reach us by phone at 617-357-9700, toll-free at 866-396-9722, or through the How Can We Help form.