Disability Claim Appeals Lawyer In New Jersey
Insurance companies deny long-term disability claims on a routine basis – especially when those claims are governed by ERISA.
At Hagner & Zohlman, we routinely appeal those denials and seek to obtain the benefits our clients are entitled to under the terms of their policies. Our firm represents clients statewide and our practice draws from the more than 50 years of combined litigation experience that Certified Civil Trial Attorneys Thomas Hagner and John Zohlman have had in both state and federal courts.
Appealing The Denial Of Your Long-Term Disability Claim
With long-term disability insurance claims governed by ERISA, you have only a very short amount of time in which to file an appeal. We urge you, if you haven’t already, to speak with an experienced lawyer about your denial as soon as possible. To arrange for a free initial consultation with Certified Civil Trial Attorney Thomas Hagner – call our offices in Cherry Hill, New Jersey, at 1-856-320-5322 or contact us online today.
What Are Your Rights and Options?
If you have had a long-term disability insurance claim denied, your rights and options depend on whether you purchased that policy privately, on your own, or through an employer-sponsored benefits plan.
With policies governed by ERISA, you must file an appeal within 180 days of the day your claim is denied.
If you do not, the denial will stand. If you do, the matter must then go through an exhaustive administrative appeals process before you will have the right to sue in federal court. Even here, however, your rights and options are severely limited. There is no right to a jury trial. The court will generally only consider the evidence that is already in the administrative claim file. There is very little hope of submitting any new evidence. If you win, you may only recover the benefits you should have received under the policy’s terms.
With a privately-purchased policy, you will likely have more time in which to file your appeal and your rights will include the option of a jury trial, the right to submit additional evidence and the right to sue the insurance company for both consequential and punitive damages.
Successfully appealing a disability benefits denial requires careful planning. Specific steps must be followed and a number of complicated issues, including documentation of the medical characteristics of an injury or illness and the occupational characteristics of an individual’s employment, must be addressed. Our experience, our knowledge of the law and our commitment to providing uncompromising advocacy and legal services of exceptional quality have helped countless previous clients overcome disability claim denials on appeal. These assets can help you in exercising your right to appeal as well.