If your long-term disability claim denied, you can discuss your claim with one of our Gresham long term disability lawyers in a free legal consultation. If we validate your claim, there is no obligation to hire our firm. We do not get paid unless you receive compensation from your long-term disability (LTD) policy. We know how important compensation is when you have a severe medical condition that limits your ability to work.

Rizk Law was founded in 2001 by Richard Rizk, who used to be a lawyer for Nationwide Insurance. This experience gives him inside knowledge of how insurers handle claims. Rizk, along with our reputable team of personal injury lawyers, has obtained millions in compensation on behalf of our clients. We have extensive knowledge of long-term disability insurance, including the reasons claims are often denied. We are prepared to manage the entire legal process on your behalf.

Learn more about how we may be able to assist you by calling to schedule your free case review. Our phone lines are open 24/7 to take your call: 503.245.5677. You can also complete a Free Case Review form.

Do I Have a Valid Long-Term Disability Claim?

There are many factors our attorneys must take into consideration to answer this question. We can discuss your policy, medical condition and other factors in a free consultation.

While each situation is different, policyholders must have a qualifying disability or medical condition that makes them unable to do their job. Some of the more common medical conditions that could make you eligible for compensation include:

  • Rheumatoid arthritis
  • Parkinson’s disease
  • Multiple sclerosis
  • Hepatitis
  • Irritable bowel syndrome
  • Chronic fatigue syndrome
  • Crohn’s disease
  • Epilepsy
  • Severe depression
  • Diabetes
  • Heart disease
  • Stroke
  • Post-traumatic stress disorder
  • Serious back issues
  • Lyme disease
  • Spinal cord damage
  • Brain injuries
  • Various forms of cancer
  • Asthma
  • Bipolar disorder

Usually LTD policies make claimants wait between three and six months before they can receive benefits. That is three to six months from when they develop a disability to when they can receive benefits.

If the disability develops because of an on-the-job accident or repetitive activities at work, you cannot obtain compensation from an LTD policy. Instead, you must file a workers’ compensation claim with your employer.

Exclusions in a Long-Term Disability Policy

One reason LTD claims are often denied is because of exclusions for preexisting conditions. LTD policies usually say conditions that were diagnosed or treated within a certain time before coverage began are not eligible for benefits. In many cases, the time period is between 90 and 180 days.

Your policy may also exclude certain medical conditions, which is why it is important to review coverage information carefully when you are policy shopping. Sometimes the wording of what is or is not included leaves room for interpretation, which you can be sure insurance companies will try to exploit to their benefit as much as possible. If the insurance company denies your claim, saying you are not covered because of a preexisting condition, it is a good idea to discuss it with a licensed attorney.

Our Gresham long term disability lawyers are focused on the best interests of our clients.

Learn more about how we may be able to assist you. Call Rizk Law at 503.245.5677.

Compensation from an LTD Policy

Generally, LTD policies pay out compensation to replace either a portion or all your income. You may also be eligible for compensation to cover rehabilitation and other costs to help you return to work. However, the specific benefits available will depend on your policy.

These policies generally begin paying out compensation once your short-term disability ends.

Before you buy a policy, make sure you are clear on the benefits it provides if you need them. You can also ask the insurance company for more information if you are considering filing a claim.

Our Gresham long term disability lawyers are available to discuss your policy and the benefits that may be available.

Is My Claim Governed by ERISA?

The Employee Retirement and Income Security Act (ERISA) is a federal law that applies to most LTD plans provided by employers. Private LTD policies, including those provided by churches and some public employers, are usually exempt from ERISA. However, our attorneys at Rizk Law can discuss your claim and determine whether this federal law may apply in your situation.

ERISA covers processing of claims, your rights if a claim is denied and other aspects of the process. This law has a variety of regulations governing how LTD claims must be processed, the timeline for processing these claims and a claimant’s rights if a claim is denied.

There are benefits to having an LTD policy that is not governed by ERISA. Our lawyers may be able to pursue punitive damages and compensation beyond what is listed in your policy. In some situations, courts only have narrow authority to review ERISA claims, while courts may have broader authority over non-ERISA claims.

What Can I Do if My LTD Claim is Denied by the Insurance Company?

Insurance companies often deny legitimate claims, hoping policyholders will just give up. That is why you should strongly consider appealing. You may still be eligible for benefits.

A good first step is to contact your insurance company and ask for your plan documentation. It may be necessary to submit a written request for these documents. You should use certified mail and request a return receipt so you can show you made this request.

You can also review the denial letter from the insurance company to find out why your claim was denied. The denial letter may also explain what you can do to appeal the denial decision.

Another important step in the process is to call a licensed attorney to go over the situation with you. There is limited time to file an appeal and it takes time to investigate these situations, so you should reach out to a lawyer as soon as possible.

As you go through the process, make sure to attend all doctor’s appointments and continue your treatment. Be as detailed as you can with your doctor about your symptoms and how they are affecting you each day. Your medical records are an important aspect of your claim. Failing to continue your treatment could lead to the denial of your claim.

Contact One of Our Gresham Long Term Disability Attorneys Today

Insurance claims are often denied, even when the policyholder has a medical condition that should be covered under the terms of the policy.

That is why you should meet with a knowledgeable lawyer to discuss your claim. We may be able to overturn the denial and recover the compensation you and your family need during this difficult time.

Your legal consultation is entirely free of charge and comes with no obligation to take legal action. Our personal injury lawyer in Gresham, Oregon handle cases on contingency, so we do not get paid unless you do. Unlike the insurance company, we are focused on your best interests.

You can call anytime, and a representative of our firm can set up a free legal consultation with one of our Gresham long term disability lawyers. Phone: 503.245.5677