Navigating the complexity of filing a long-term disability claim can be a daunting task for individuals, who are already struggling with the reality of their disability. One of the significant hurdles is adhering to the strict timelines set by insurance companies for filing the claim. The specifics of the medical documentation demanded by insurers often complicates the process, making it difficult for claimants to present the information insurers want to see. Additionally, insurance companies may employ tactics to deny or reduce the payout, such as downplaying the severity of the disability, applying a limitation to your benefits, or attributing the disability to pre-existing conditions. Thus, the process of filing long-term disability claims often becomes a strenuous battle for claimants, necessitating the assistance of experienced legal counsel.
If your disability claim has been denied and you want to appeal the denial or bring suit, look no further than Monahan Tucker Law. Our lawyers have spent their careers managing the intricacies of long term disability claims under ERISA and non-ERISA frameworks, and are dedicated to providing reliable guidance and representation throughout the claims process.
Long-term disability claims arise when individuals are unable to work due to a disability and seek financial support through their disability insurance policies. Usually an insured first must qualify for short term disability before applying for long term disability. Each claim is governed by the language of the disability insurance policy, and every policy is different. Your first step should be to obtain a copy of the insurance policy governing your claim.
Long-term disability claims can stem from various causes, including injuries, illnesses, and chronic conditions that prevent individuals from performing their job duties. At Monahan Tucker Law, we handle a wide range of long-term disability claims, such as disabilities resulting from accidents, illness, orthopedic issues, autoimmune disorders, long-term COVID, cancer, mental health issues, and chronic pain. Some insurance policies limit the number of months an insured can obtain benefits for mental health or substance abuse issues, or for disabilities diagnosed by “self-reported symptoms” such as pain or fatigue.
If your insurance coverage is through your employer, and you do not work for the government or a religious organization, chances are good your insurance is governed by a federal statute called ERISA (Employee Retirement Income Security Act of 1974). Under ERISA, the insurer has to provide you a copy of your claim file if they deny your insurance claim. Insureds are also required to appeal any denial before being able to bring suit. If you purchased your policy privately, or you work for the state or federal government (including school systems) or a religious-based organization, which includes many health systems, your benefits may be governed by state law instead.
The attorneys at Monahan Tucker Law have spent their careers litigating insurance benefit claims. If your claim is governed by ERISA and the appeal is denied, the next step is litigation. But under ERISA, the insured generally cannot provide new information to the court beyond what was submitted to the insurance company. For this reason, it is crucial to work with an attorney when preparing your appeal, as you also want to ensure that all possible documentation that could help you in litigation is already included in the file. We can identify the documents the insurer and the court will want to see, as well as any testing or treatment that might support your claim. If the appeal is granted and the denial is overturned, Monahan Tucker Law is there with you to continue to manage the claim on your behalf so you don’t need to deal with the insurance company at all. If the insurer denies the appeal, the next step is litigation. The lawyers at our firm regularly take cases to trial and have a stellar record of prevailing in court when the insurer refuses to offer a sufficiently attractive settlement package.
You want a lawyer with you from the moment of the denial onward. If your claim is governed by ERISA, you will only have six months after the denial to submit your appeal. Even if it is not subject to ERISA, most policies include a time limitation on appeal. While appeal is not required with non-ERISA policies, there may be strategic reasons to file an appeal, and you do want to inadvertently waive your opportunity to appeal by contacting an attorney after the appeal deadline has passed.
If you have already appealed on your own and been denied, it is not too late to get help from an attorney. The next step is to file a lawsuit. Monahan Tucker Law can walk you through the process from filing the complaint through settlement or trial, explaining each step to you and making sure your voice is heard in making every decision.
When facing the challenges of a long-term disability claim, it’s essential to have a reliable and experienced legal team by your side. Monahan Tucker Law is committed to restoring our clients’ agency and dignity by regaining what was wrongfully taken from them. We provide a safe space where you will be heard, respected, and valued.
Take the first step towards securing the compensation you deserve. Contact us today to schedule a consultation, and let us stand up for you so you can focus on your health. Together, we can push back against the insurance company and achieve the best possible outcome for you and your future.
Our attorneys have decades of experience with insurance litigation and an unparalleled track record of success.
Your trust is important to us. From our first consultation through litigation, we will be transparent with you, and we will hear you every step of the way.
We are one of the rare firms that can provide first-hand knowledge of how your insurer thinks and reacts, and has consistently prevailed in some of the most complex and high value insurance disputes seen in ERISA and non-ERISA litigation.
Our attorneys trained at some of the most aggressive large law firms in the world. Though we believe there are usually better ways to litigate and resolve disputes, our opposition does not always agree. When necessary, we are masters of unrelenting, tenacious litigation. When you hire us, you turn the insurer’s previous weapon against it.
We do this work because we want to be here, for you. We understand what you have been through, and that everyone has times where they need support. One of the strongest steps for yourself and your family is to ask us for help. Together, we’ve got this.
I empathize with you that you find yourself in need of a Disability Insurance Attorney. Stacy Tucker empathized, and compassionately assisted me throughout a very difficult, complicated and drawn-out legal process. I was very satisfied with the result we ultimately...
Stacy Tucker is a knowledgeable, skilled attorney who you want on your side. In a difficult LTD case, with complicating factors, Stacy fought hard to get me the best possible outcome. I was wrongly denied benefits by my LTD carrier...
Excellent attorney! Could not be any better! Stacy helped me with my long-term disability case. After fighting with the insurance company on my own, I was exhausted and frustrated. After the very first conversation with Stacy, I knew I could...
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