Disability And Other Complex Insurance Claims Pursued Diligently By Tough, Veteran Lawyers

Private disability insurance is sold as protection in the event of a long-term injury or illness. However, when the time comes to file a claim, you may need protection from your own insurance company!

The best way to get this protection is to contact an experienced New Jersey and New York long-term disability lawyer who is experienced in such complex insurance claims. If you are about to file a disability insurance claim or if your claim has been stalled or rejected, contact a disability attorney in our firm today. At Uscher, Quiat, Uscher & Russo, P.C., we handle wrongful denial of disability, long-term care and life insurance claims under New Jersey and New York disability insurance law and ERISA, and we have been doing so for more than 40 years, prevailing against all the major carriers.

Strategies For Dealing With Major Insurance Carriers

Not all insurance carriers provide private long-term disability insurance. This is both good and bad for policyholders. The downside is that the near-monopoly that companies like Unum, Prudential, MetLife, The Hartford, AIG, Aetna, Lincoln Financial, Guardian, Berkshire Hathaway Specialty Insurance, Mutual of Omaha, Principal, Northwestern Mutual, Cigna Healthcare and others have afforded them immense power to deny claims. On the positive side, Mike Quiat and his staff have fewer companies to deal with, and they are well aware of the specific tactics these companies use to deny or deny otherwise legitimate disability claims. We have developed our own effective strategies for compelling disability insurers to own up to the full legal obligations they owe their policyholders.

Private Disability Insurance Claims: What You Need to Know

Long-term disability insurance is generally offered in group plans through employers under ERISA or through private individual policies purchased directly by individuals from insurance agents or brokers. Many policyholders seeking to protect their incomes in the event of medical disasters choose private plans because they typically offer better benefits than an employer-sponsored ERISA plan. Others supplement ERISA group coverage with private, individual disability insurance policies to cover as many bases as possible.

Disability insurance replaces all or part of your earnings if you become unable to work because of a disabling injury or long-term illness, regardless of whether the illness or injury is work-related. However, the harsh reality is that some insurers deny claims, whether or not they are valid, and since some people will never challenge such denials, those people are left without substantial financial benefits to which they are entitled.

When you are looking to claim private disability insurance, a proactive strategy can significantly improve your chances of success. A few simple steps you can take to bolster your claim include:

  • Gathering all the medical records and reports related to your disability
  • Obtaining attending physician statements (APS) that explain your condition and how it keeps you from working
  • Any other documentation that illustrates the impact your disability has on your life and how it prevents you from earning income on your own

We can help you gather all the available evidence for your claim and understand the terms of your policy to ensure you have the best possible chances of receiving the benefits you deserve.

Navigating Insurance Buyouts And Settlements

Even if you have established a long-term disability claim and are receiving benefits, insurance companies are always looking for ways to save money by buying out claims and negotiating settlements on terms beneficial to them but not to claimants. Claimants need a knowledgeable advocate in their corner to help them through the complex details of a buyout and to make sure they get their fair share of the benefits.

Of course, if internal administrative appeals do not result in the payment of disability benefits, the attorneys at Uscher, Quiat, Uscher & Russo, P.C., are always ready to litigate. It doesn’t matter whether the litigation is in federal or state courts. We are very familiar with all New Jersey and New York disability insurance laws, including the “bad faith” law. Also, unlike ERISA disability claims, where claimants may have limited rights, plaintiffs in private disability insurance cases have full legal rights, including trial by jury.

Understanding Your Policy: Own Occupation Vs. Any Occupation

Disability insurance often falls into one of two types: “own occupation” and “any occupation,” and it is important to understand the difference.

Own occupation: This type of insurance means that you can receive benefits when you cannot perform the job you already had at the time you became disabled. An example of this would be a construction worker who was hurt on the job and is no longer able to work in a construction zone but may be able to work in an office setting or other positions.

Any occupation: This type is commonly stricter and only provides benefits to someone whose disability keeps them from working any job at all. This means that your disability needs to be severe enough that you can no longer perform any job, even with reasonable accommodations.

Some policies start with an “own occupation” definition and switch to “any occupation” after a certain period, making it harder to continue receiving benefits. As your legal representation, we can help you understand your policy and the benefits you qualify for.

Understanding Legal Standards And Your Rights

As an insurance policyholder, you should know what you can expect from your liability under private insurance policies. We can act on your behalf to review the terms and conditions of your insurance policy to verify what kind of claim for disability you have. While this may seem like a straightforward process, similar to gaining a disability certification from a doctor, a disability claim can become quite complex and require legal action to resolve. No matter how complex your situation may seem, we are here to provide you with honest legal advice and guidance to ensure you have the assistance you need when you need it most.

Frequently Asked Questions About Private Disability Insurance

Insurance companies are always looking for ways to save money; denying benefits owed to their claimants is a great way for them to save money at your expense. At Uscher, Quiat, Uscher & Russo, P.C. our attorneys are here to help you file appeals when an insurer denies your private disability insurance claim. We know which denials are valid and which are not. We understand how to address the issues used by insurers to deny a claim and help you to challenge denials which are not valid. We understand how overwhelming this process can be. Before you meet with us, please read some answers to frequently asked questions about private disability insurance claims.

What Is Private Disability Insurance?

Private disability insurance is purchased in the event of long-term injury or illness which limits or precludes you from doing your work. The insurance is designed to provide income to you and your family in the event you are unable to continue to earn a living due to illness or injury. While many employers offer ERISA group long-term disability insurance, many people purchase a private, individual insurance policy directly from the insurance company to protect their income.

What Can I Do If My Insurance Company Denies My Claim?

If you need to obtain long-term disability benefits and your insurance company denies your ERISA group or individual disability insurance, our lawyers can help you file an appeal. In your appeal, you must prove the existence of your disability or illness and how it prevents you from performing your job. We will help you with every step of the process to help ensure your chances of success.

Do I Need A Lawyer To Help Me File An Appeal?

Filing an appeal for an insurance claim can be a complex process that requires numerous steps and forms to complete. In some cases, your appeal may even require litigation in state or federal courts. Working with an experienced attorney can make a huge difference in your outcome. We know how to approach appeals in the most efficient way to get you the results you need. We also know how to avoid many common mistakes which can destroy your claim before it is ever filed.

Reach Out To A Disability Lawyer Who Can Help You

Contact disability insurance dispute lawyers at Uscher, Quiat, Uscher & Russo, P.C., by calling (201) 342-7100 or send an email to discuss your disability insurance claim today. We are dedicated to providing responsive and knowledgeable legal representation, and we will answer your inquiry promptly and keep you informed and involved throughout the process.