Termination Of Long-Term Disability
Many people assume that once they have fought and successfully obtained their long-term disability benefits, the fight is over. The reality is that unless you are blind, your long-term disability insurer will never accept the fact that your disabling injury, illness or condition will never get better. They just won’t. It goes against their nature to continue paying benefits when they might not have to.
At Hagner & Zohlman, we help individuals and families fight to have their long-term disability benefits reinstated. Our practice is statewide and draws on the more than 50 years of combined litigation experience possessed by Certified Civil Trial Attorneys Thomas Hagner and John Zohlman. Due to their track record of success against even the largest insurance providers, our attorneys are trusted colleagues and regularly represent clients who have been referred to us by other law firms throughout the state of New Jersey.
When Can My Benefits Be Terminated?
Long-term disability benefits may stop at any time, provided the insurance company has good reason to stop them. In fact, during any period when benefits are being paid, beneficiaries are still required to send in quarterly updates and be under regular care of a physician. Generally speaking, however, ERISA benefits are most often terminated at 24 month intervals.
In many cases, through hard work and determined advocacy, we have been able to convince our clients’ insurers to reinstate the payment of benefits without having to litigate. That said – we have and will litigate on behalf of our clients whenever that is what it will take to achieve the right results. In those cases, we have a record of success in getting benefits reinstated, back benefits paid retroactively and our attorneys’ fees paid by the insurer.
Even then, however, the insurer can turn around and terminate benefits again after another two-year period elapses.
Surveillance Of Disability Claimants?
Something to be aware of is that insurance companies routinely conduct surveillance on disability claimants. Essentially, their goal is to prove you are not disabled. In this regard, their ridiculousness knows no bounds.
For example, in one case we represented a woman who had been diagnosed with MS. One day, she walked out of house, went to the mailbox and happened along the way to pick up a weed that the gardener had missed. The investigator’s report said she was helping the gardeners with landscaping. Unfortunately, this kind of scrutiny is something you have to deal with and be aware of.
Contact Our Camden County Law Office
Learn more about the rights and legal options you have by talking to an experienced lawyer about your ERISA disability claim today. To schedule an initial meeting, call our law offices in Cherry Hill, New Jersey, at 1-856-320-5322 or contact us online.