Workers' Compensation Attorneys

in New York City

Long-term Disability

It’s Time For a Long-term Disability Lawyer in New York If Your Benefits Were Denied

When you became eligible for the Group Long Term Disability Benefits Plan provided by your employer or you decided to invest in a Disability Income policy from an insurance company, you thought you were also buying peace of mind. But now that you’ve been struck down with a major health problem, whether a car accident injury such as traumatic brain injury or job-related injury such as a long-term workplace illness like cancer or mesothelioma, you may be getting resistance from the insurance company.

If your long-term disability claim was denied, a long-term disability attorney in New York may be able to help. You might have been told that your particular illness doesn’t fit the plan or that you have to be unable to do any job, not just your current job, in order to qualify for long-term disability benefits. The problem is that each insurance plan or policy has its own definition of disability, depending on whether it’s a work long-term disability plan or commercial disability insurance policy with a company such as Aflac, Unum or Genworth Life Insurance. As seasoned NY long-term disability attorneys, we will evaluate the specific language in your plan and pursue every penny of compensation you have coming to you.

Long-term Disability Policies Can Be Complicated and Restrictive—Let Us Prove Your Case For You

Long-term disability insurance is a usually wise investment because it’s supposed to replace a percentage of your income if you become disabled. However, many group plans are governed by the federal Employees’ Retirement Income Security Act of 1974 (ERISA), which gives the insurance companies many legal advantages. If the insurance company denies your claim, ERISA makes proving your case in Court very difficult. Before you make what is called an “ERISA appeal,” you will need to document and submit every detail of your medical and vocational evidence to the Insurance Company. If your long-term disability claim is still denied, you can make an ERISA appeal to the Insurance Company but it must contain all the evidence you need to rely on in Court, including any evidence of unfair claims practices. Because we have decades of experience in navigating the complex ERISA process, we can pursue your benefits before a final denial. If a denied long-term disability lawsuit is necessary, we are prepared to represent you in court.

A Denied Long-term Disability Claim Can Be Devastating—We Can Help

The Law Firm of Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP handle clients’ Long Term Disability benefits claims from start to finish and only charge a fee if benefits are collected. Here are the services we provide to our clients who have been disabled due to workplace injury, major illness or other debilitation health problem:

  • Define and examine improperly denied claims
  • Interview you about your health and work history
  • Evaluate your injury or illness medical history
  • Ensure that you have complete proof of disability
  • Assess your income and financial situation
  • Fill out the complex long-term disability forms
  • File your claim to the insurance company
  • Negotiate directly with the insurance adjuster
  • Work with doctors and medical records offices
  • Collect and submit all needed medical evidence
  • Prepare and file administrative appeals needed
  • Handle any litigation in State and Federal Courts
  • Do our best to show the insurance company denial was “arbitrary and capricious,” as required
  • Amass a “preponderance of evidence” in order to win your long-term disability case!

Private long-term disability insurance companies typically require extremely detailed financial information and analysis that will prove your loss of income, as well as sufficient medical proof of disability as defined in their particular policy. We handle all of this administrative and legal legwork on behalf of our clients.

No matter where you are in the process—if you haven’t yet stopped working but think you may have to due to an illness or injury, if you’re confused by the long-term disability claim application or if you’ve already received a denied claim—we can help, every step of the way thereafter. Our long history of trial success is a powerful weapon, which often inspires the insurance company lawyers to settle out of court by offering favorable settlements to our clients.

Let us protect your rights so you can focus on getting healthy again. Call Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP toll-free today at (800) 692-3717 or contact us online for a free evaluation. Every discussion is personalized and confidential and there is no obligation. You pay nothing unless you win! We serve clients throughout Manhattan, Staten Island, Brooklyn, Queens County, Kings County, Westchester County, Rockland County, the Bronx and Long Island.