Private Disability Policies

private disability insurance

If you personally purchased a long term disability policy and the insurance company has failed to pay you the benefits you are entitled to, we can fight for the benefits you deserve. Unlike ERISA claims, private disability insurance claims are governed by state law. This means that the standard for documenting the file and proving your claim is different than ERISA claims and most actions will be filed in California Superior Court. We have experience litigating these cases throughout California in both the Superior Court and Court of Appeals.

Regardless of the type of claim involved it is important that you document your file at all stages of the claims process and you seek the advice of an experience attorney to ensure your rights are protected.

State law normally applies to these types of cases, so most actions are filed in California Superior Court. You are entitled to a trial by jury and can seek recovery for compensatory and punitive damages, as well as policy benefits, interest and attorney fees. Depending on the degree of the wrongful conduct by your insurance company, unlike group employer provided claims that are regulated by ERISA, you are entitled to present testimonial and documentary evidence of your disability and the defendant’s bad faith conduct.

You should review your policy and have a clear understanding of the requirements necessary to support your disability claim. At a minimum, your treating physician(s) should certify your disability up to and above the standard of disability written in your policy.

Your private insurance policy may require you to also apply for Social Security Disability Insurance (SSDI) benefits because the insurance policy may have a provision that allows for an offset for SSDI benefits. If so, you should apply for SSDI (Link to SSDI). We also handle these types of claims too. We can represent you should your SSDI claim be denied.

You should keep a copy of all documents provided to the insurance company, confirming receipt by way of certified mail/return receipt. You should also keep a log of everyone that you talk to regarding your claim, noting their name, telephone number, date and nature of discussion. Document! Document! Document!

We have years of experience handling bad faith insurance claims. We represent bad faith, disability clients on a contingency fee basis, meaning you pay no up front fees and we only get paid if we win or settle your case. We have a proven track record of success and will aggressively represent you.

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