Clients often ask our ERISA attorney what they can do if their disability insurer has denied their claim. We have found that some companies have a long history of refusing to approve any claims that stem from the Employee Retirement Income Security Act.
A Burdensome Process
Some disability insurers make the process of filing a claim burdensome and difficult to navigate. The company expects to deny claims and does not even provide the applicant with information on how to appeal the case as determined by law. Although the company must have an internal appeal process in place, they might fail to inform the candidate of his or her rights.
Additional Denial Tactics
More examples of denial tactics on the part of the insurer follow:
- Failure to investigate claims
- Failure to obtain all medical information
- Failure to honestly explain how the process works
- Changing a policy after a claim is filed
- Seeking outside opinions that are biased against a claimant
- Denying a claim without medical confirmation
- Failing to review the job duties of the applicant
- Attempting to discredit the claimant by using the applicant’s co-workers or friends
- Intentionally misreading medical information
- Minimizing the applicant’s disability or denying that it exists or
- Outright rejection of a claim even if the applicant’s condition is unchanged.
If you believe that your claim has been unfairly denied for any reason, contact our ERISA attorney to find out your rights.
What an ERISA Attorney Can Do for You
A lawyer can help with your claim in the following ways:
- You will have someone to help you negotiate the red tape of the legal system.
- You will have someone who knows how to fight to overturn denied claims.
- You will have someone who will defend your rights with the insurance company.
- You will have someone who can ask for the full amount of benefits.
A seasoned attorney has the background and experience to help you confidently walk through this process and support you each step of the way.