A long-term disability policy is supposed to protect you if you become disabled and cannot work. Unfortunately, not everyone who applies gets their benefits. Disability insurance companies scrutinize claims carefully, and the law puts the burden of proof on their claimants.
To successfully appeal an ERISA disability denial, you need to:
- Get your doctor’s support (and refute the opinion of the insurance company’s doctors)
- Fully understand all the terms of your policy and verify the insurance company followed the correct procedures when evaluating your claim
- Calculate the due date for your appeal. This date is a firm deadline, and missing the appeal due date may prevent you from ever getting paid
- Request your medical records from your doctors, claim file from the insurance company, and other plan documents from your employer
- Research all aspects of your claim denial, including the experts the insurance company consulted with about your claim
Of course, we don’t recommend that you do all of this on your own. ERISA disability claims are complex, and there are many “gotchas” in the process. Most attorneys aren’t familiar with ERISA law, and it can be challenging to find an attorney with experience with ERISA claims. The good news is that BenGlassLaw has experience in ERISA, and we even hold seminars teaching other attorneys about this niche area of law.
Here’s How BenGlassLaw Can Help You Right Now with Your Standard Insurance Company Claim
- Fax/email/mail us your denial letter. We will review it and give you a detailed strategy for moving forward. This service is FREE, but you must act promptly before your timeline to appeal runs out. You only have 180 days within which to file all of your arguments, witnesses, medical articles, legal citations, updated medical records, and narratives.
- Download our free book, Don’t Try This at Home. Don’t Try This at Home is our premier guide on ERISA disability claims where you will learn about why insurance companies deny claims and how you can appeal.
- If you thinking about making a claim, contact us about a consultation. We can review your situation and the evidence you have supporting a clakm. Additionally, we will talk to you about how this may affect your current employment and answer any other questions you may have. (There is a fee for this consult, but we have saved claimants thousands of dollars just in one meeting.)
- If your benefits have been denied and you did your own appeal, we can only help you if you have a second appeal available to you. Really, you should contact an attorney before your claim gets this far - second appeals are tough, and there is often extra work to be done by untangling errors made in the first appeal if it was not prepared by an ERISA experienced attorney.
We Teach Other Attorneys What the Insurance Companies Don’t Want Them to Know (It’s One of the Few Areas Where the World Really Does Need More Lawyers!)
Disability claims that fall under the Employee Retirement Income Security Act (ERISA) can be intimidating to appeal, and few attorneys know the process. (Trust us on that, we’ve seen some really poor work from lawyers not experienced in this area. Many people who have had their claims denied have a hard time finding a lawyer to help them. Even worse, claimants may find a “settlement mill” that puts no real effort into the appeal and settles their claim for pennies on the dollar because they are afraid to go to court. Disabled clients deserve so much better.
The insurance companies make money by denying claims because too few claimants can find a lawyer in the limited time that they must appeal a denial. That is why BenGlassLaw has started a series of seminars to teach other attorneys how they can help disability claimants whose claims were denied by their insurance company.
Fourteen law firms attended our first ERISA Disability Appeals Seminar in June 2019. These attorneys paid to learn from attorney Ben Glass and BenGlassLaw Insurance Appeals Department Head Ellen Bresnahan. Our disability team taught these attorneys about our ERISA disability process and how we help our clients and their families. Attorneys from Arizona to Alabama to Michigan left our Training Center determined to start helping people who’ve been denied disability.
Our entire disability appeals team laid out our step-by-step process, from:
- what we do during a client’s first phone consultation
- how we help clients during their in-person consultation with Ben Glass
- strategizing and writing an appeal that has the best chance of getting the client back their benefits
- filing and winning a lawsuit in Federal Court to get the client the benefits due to them
ERISA disability claims are notoriously complicated. Even a respected federal judge has said claimants who start the disability claims process without an attorney are at a distinct disadvantage and often face a loaded deck. The complexity of these claims, and the work of insurance companies protecting their financial interests, has led to a massive demand for ERISA attorneys. BenGlassLaw is working to fill this gap through our education programs for attorneys to make sure clients all over the nation get the help they need.
Our Process for the Standard Insurance Company Disability Claims
BenGlassLaw has a specific process for handling claims from major disability insurance companies, including the Standard Insurance Company. Everyone who calls our office with a disability insurance claim goes through this review.
- Free Denial Letter Review:
You will receive a “denial letter” when Standard terminates your benefits. The disability appeals team at BenGlassLaw will review your denial letter for free and decide whether we can help your claim.
- One-on-One Consultation with Ben Glass:
Before you file a claim (or appeal a denial yourself), you can request a one-on-one consultation with Ben Glass to ask questions about your Standard insurance policy.
- Detailed Claim File Review:
Our disability appeals team digs into every page of your claim file to understand why the Standard denied your claim and how we can work with you on a successful appeal.
- Personal Statement Interview:
Standard is like many other insurance companies; they see their policyholders as numbers in a spreadsheet. Part of our strategy in appealing claims denied by the Standard Insurance Company is to sit down with our clients to record personal statements to the insurance company.
- Independent Vocational Analysis:
Many Standard claims are denied because the insurance company has “oversimplified” your job duties. BenGlassLaw works with experts who will review your occupational details and help us explain the realities of your job to the insurance company.
- Guidance for your Doctors:
Insurance companies frequently hire doctors to refute the medical information in your claim file. Often, the insurance company overturns claims because their doctor, who has never spoken to your primary physician, does not agree that you are disabled. BenGlassLaw offers guidance to your doctors on how to reply to these independent examinations.
- A Detailed Appeal Letter:
The Appeal Letter is the first step to regaining your benefits. This is not an ordinary letter. Your appeal letter should contain all the information necessary to refute your denial.
You Can Speak with Our Team of Experts About Your Standard Insurance Company Disability Claim by Calling Our Office at (703) 584-7277.
Why Most ERISA Long-Term Disability Claims are Denied and How Victims Lose Out on a Fair Recovery - Find Out More in Our Disability Claim Guide, Don't Try This At Home
If Lincoln Financial Group denied your long-term disability benefits, you need to download this free guide right now! In most cases, you have only 180 days within which to file a properly framed appeal. A respected federal judge has said that when you have one of these policies you are purchasing an invitation to a "legal ritual" that you will lose.
Ben Glass's Long-term Disability Book Will Show You:
- How the way you fill out your claim form can wreck your case;
- How doing the appeal yourself can give the insurance company an excuse to deny your claim;
- Why a Federal Judge said that claimants without an experienced ERISA disability attorney are at a 'distinct disadvantage' when appealing their claim denial;
- What you must have in your hand before you file your claim if you want to have any hope of getting paid;
- How to find a board-certified lawyer;
- How one former insurance company employee describes the claim denial process inside one of the world's largest disability insurance companies (you will be shocked);
- How the insurance companies use video and other secret surveillance to try to deny you benefits;
- How one company used an errant checkmark on a physician's form to deny benefits and what we did about it to get benefits restored.
We want to get our guide in your hands right now. You will also have an opportunity to request our disability claim information package after you request this guide.
Ben Glass walks you through the process in his free book, Don't Try This at Home - Your Disability Claim Guide. It's free for Virginia residents!
This free book should be read by:
- Anyone who is filing a disability claim or has already been denied.
- Any doctor who treats patients who are making long-term disability claims.
- Anyone who is going through the disability appeals processes and wants to know more.