A disability denial can be extremely frustrating. If Genworth Financial has rejected your claim, a denied long-term disability lawyer can help you challenge the decision.
BenGlassLaw has been helping clients with disability claims since 1995. If Genworth Financial has denied, delayed, or terminated your long-term disability benefits, a Genworth Financial denied long-term disability claims lawyer can help you file a strong appeal.
The Role of a Genworth Financial Denied Long-Term Disability Claims Attorney
Depending on the specifics of your case, a Genworth Financial denied long-term disability claims attorney can:
- Review your insurance policy: A lawyer can examine your long-term disability insurance policy’s definition of “disability,” as well as its eligibility requirements, exclusions, limitations, and other provisions.
- Analyze the denial: A lawyer can review Genworth’s explanation for denying your benefits and identify the specific issues that need to be addressed.
- Gather supporting evidence: A lawyer can help obtain medical records, physician opinions, employment information, and other documentation that supports your inability to work.
- Prepare an appeal: A lawyer can help prepare an appeal that responds directly to the reasons given for the denial and includes supporting evidence.
- Handle communications: A lawyer can communicate with Genworth on your behalf and address requests for additional information.
- Pursue litigation: If your claim cannot be resolved through an appeal, a lawyer can help you file a lawsuit.
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What Types of Compensation Can You Recover?
The benefits available to you in a long-term disability dispute depend on the specifics of your policy, the circumstances of the denial, and whether the coverage is provided through an employer-sponsored plan or an individual policy. Depending on the situation, you may be able to seek:
- Unpaid disability benefits: You may be able to recover benefits that should have been paid during the period your claim was improperly denied or terminated.
- Future disability benefits: You may be able to pursue continuing benefits if you remain disabled under the terms of the applicable policy or plan.
- Interest on unpaid benefits: Interest may be available in certain circumstances when benefits were wrongfully withheld.
- Legal costs and fees: In some disability benefits disputes, you may be able to recover attorney fees and other litigation expenses.
How Long Do You Have to Appeal a Genworth Financial Long-Term Disability Denial?
Most employer-provided plans fall under federal Employee Retirement Income Security Act (ERISA) guidelines, which grant you 180 days to submit an internal administrative appeal to Genworth Financial after they deny your long-term disability claim. If you have a private policy, the deadline to submit an appeal will depend on the specifics of that policy.
If you miss the applicable deadline, you will likely forfeit the right to challenge the denial. A Genworth Financial denied disability claims lawyer can review your case and explain how much time you have left to file an appeal.
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How Do You Appeal a Genworth Financial Disability Denial?
While the long-term disability appeals process depends on the specifics of your policy and whether it’s private or employer-sponsored, you typically must:
- Review the denial letter: Identify why your benefits were denied and determine what policy provisions the insurer relied upon.
- Review your policy: Determine what your policy requires to establish disability and what procedures you must follow to submit an appeal.
- Identify evidentiary gaps: Determine what medical, occupational, or other evidence you need to gather to address the insurer’s stated concerns.
- Obtain additional documentation: Request relevant records and supporting statements from healthcare providers or other sources.
- Prepare your appeal: Address each reason for the denial and explain why the evidence you collected supports your eligibility for LTD insurance benefits.
- Submit your appeal on time: Follow the applicable submission requirements and retain proof that your appeal was submitted.
A Genworth denied long-term disability claims lawyer can guide you through this process and help you avoid common mistakes.
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What Happens If Genworth Denies My Appeal?
If Genworth denies your long-term disability appeal, you may be able to challenge the denial in court, depending on the type of disability policy you have and the laws governing your claim. The next step depends largely on whether your coverage is provided through an employer-sponsored plan or an individual disability policy.
If you have an employer-sponsored plan governed by ERISA, you typically must complete the administrative appeal process before filing a lawsuit. If you have an individual disability policy, the terms of that policy and state laws will determine whether you can file a lawsuit and what claims or remedies are available to you.
Our lawyers can evaluate your denial and help determine the best course of action.
Why Does Genworth Financial Deny Long-Term Disability Claims?
An insurer can deny a long-term disability claim for many different reasons.
For instance, Genworth may claim that:
- The medical evidence does not establish a disabling condition.
- You can perform the duties of your own occupation.
- You can perform another occupation.
- Your medical records do not adequately document functional limitations.
- You failed to satisfy a requirement listed in your long-term disability insurance policy.
- Your condition falls within an exclusion or limitation.
- Your medical treatment is considered insufficient or inconsistent with the alleged severity of your disability.
- There are inconsistencies between medical records, statements, employment information, or other evidence you submitted.
- Your claim was not submitted according to applicable policy procedures or deadlines.
What Should You Do After a Long-Term Disability Denial?
After Genworth denies your long-term disability claim, you should:
- Read the denial letter: Identify the specific reasons Genworth gives for denying your claim and the policy provisions it cites.
- Gather medical evidence: Collect medical records, physician statements, test results, and other documentation that supports your disability and functional limitations.
- Keep copies of everything: Save your denial letter, policy documents, medical records, correspondence, claim forms, and other relevant materials.
- Consult a lawyer: Reach out to our lawyers to get help with your appeal.
Contact a Genworth Financial Denied Disability Claims Lawyer
A denied long-term disability claim can put a strain on your finances at a time when you may already be dealing with significant medical and employment issues. If Genworth has unfairly denied your claim or terminated your benefits, a Genworth denied long-term disability claims attorney from BenGlassLaw can help you file an appeal and obtain the benefits you deserve.
Schedule a free case evaluation to start putting together your appeal.
Call (703) 591-9829 or complete a Free Case Evaluation form