Disability Insurance Through Your Employer May Not Be Enough
If you are suffering from a disabling condition and are no longer able to work, disability benefits can provide the lifeline you need to support yourself and your family. Whether your disability is short or long-term in nature, a denial or termination of benefits can be devastating.
Applying for and receiving disability benefits can be procedurally, substantively, and emotionally challenging. Although one might expect an insurance company to pay when a claimant has a legitimate disability entitling them to benefits they’ve paid for, insurers often deny disability claims and frequently employ bad faith tactics that are intended to frustrate the efforts of the disabled claimant.
In order for a claimant to be eligible to receive disability benefits, they must show that their disability satisfies the requirements outlined by the insurance plan. A “disability” can vary significantly from plan to plan. In some cases, a disability insurance policy gives provides only a general definition of disability, thus creating an opportunity for the insurer to restrictively interpret the definition. In other cases, the policy provides a general definition along with specific examples of covered disabilities — presumptive disabilities — that by default qualify a claimant for benefits under the contract.
Your disability insurance policy’s definition of disability determines whether or not you qualify to receive benefits. Some of the factors that comprise various disability definitions include but are not limited to:
Whether the condition restricts you from working at your current job
Whether the condition restricts you from working at any job
Whether the disability is partial or total
Whether the disability is long-term/permanent or short-term/temporary
Whether you are receiving disability income from other sources (e.g., social security disability)
Why Get Private Disability Insurance?
Most disability policies through your employer have two definitions of disability – “own occupation” and “any occupation”. The definition typically changes after 24 months so that it is no longer about not being able to work in your own job. Now, you must establish that you cannot work in any occupation from which you are qualified by education, training, or experience. Sometimes these jobs may not even exist in your local economy or there may not be job openings for these theoretical position.s
With private disability insurance, you can choose “own occupation” or “regular occupation” disability for the life of your claim. No more guesses at a nonexistent job in a nonexistent world. Instead, it’s all about whether you can work in your own job or not.
The language in your disability insurance contract may be quite technical, so it’s important that you consult with an experienced disability insurance lawyer who is capable of assessing the terms of your insurance plan and determining whether your condition is likely to qualify for benefits.
Houston Disability Insurance Lawyers
The attorneys at Raval Trial Law are committed to helping people obtain the disability insurance benefits they rightfully deserve. Whether you are seeking benefits under a private disability policy or an employer or union plan, we will do everything we can to get you the money you are entitled to. We know how large insurance companies handle disability claims and we are prepared to represent our clients throughout the entire course of their claim, from submitting the initial application for benefits to handling administrative appeals to filing a lawsuit, taking it to trial, and even on appeal to a higher court, if needed. Our disability insurance lawyers have years of experience successfully handling disability claims and we will fight to recover the benefits you rightfully deserve.