Long-Term Disability Insurance

At the Law Offices of Eric Dinnocenzo, we understand how challenging it can be to navigate the complexities of long-term disability insurance. These cases frequently involve complex laws, voluminous medical records, and unfamiliar procedures. As a skilled and knowledgeable New York and New Jersey long-term disability insurance attorney, we are here to support you every step of the way.

Understanding Long-Term Disability Insurance

Long-term disability insurance provides critical financial support when you are unable to work due to illness or injury. We are here to help you get the benefits you deserve!

Unfortunately, navigating the claims process can be daunting. Here’s what you need to know:

• Types of Policies: Employer-sponsored, private, and government programs.

• Reasons for Denial: The insurance company is required to set forth in writing the basis for the denial of benefits—this is done in what is referred to as the “denial letter.” Insurance companies commonly claim that insureds are not disabled and have the capacity to join the workforce, even when the medical evidence shows otherwise. To support their claim denials, they often enlist their own preferred doctors who often exclusively work for insurance companies and do not treat patients.

• Importance of Documentation: Thorough medical records and documentation are essential for a successful claim.

• Treating Physicians: It can be very helpful in a case if the treating physician supports that the insured is disabled.

Employer-Sponsored Policies and ERISA

A federal law referred to as ERISA (“Employee Retirement and Security Act”) governs long-term disability claims that arise from an employer-sponsored insurance policy. These insurance benefits are provided to employees along with other employee benefits such as health insurance and retirement benefits.

What does ERISA mean to you as the employee seeking disability benefits?

• Appeal Process: if your application for disability benefit is denied, you must go through an appeal process with the insurance company. It is very important to hire an attorney to submit your appeal. If the appeal is denied and you file a lawsuit, the court will generally limit the evidence you can introduce to that which was provided with the appeal. We know what issues to raise and what evidence to submit in an appeal to maximize your chances of success and, at the same time, to properly prepare for any subsequent lawsuit.
• Lawsuit: the language contained in the long-term disability policy can have a significant impact on your success in court.
  
  Many insurance policies confer what is referred to as “discretion” to the insurance company to make disability benefits determinations. In that case, the insured is required to show that the insurer’s decision to deny benefits was “arbitrary and capricious” in order to successfully over turn the denial. This is a tougher standard to meet than the ordinary “de novo” (meaning, “new” or “fresh”) review standard that applies when the policy does not contain discretionary language.
  
  As a knowledgeable New York and New Jersey ERISA attorney, Mr. Dinnocenzo knows how to analyze policy language and make appropriate legal arguments for your advantage.
• Jury Trial: ERISA typically does not allow for a jury trial. Instead the court reviews the insurer’s decision based on the evidence provided to it during the appeal process.

Private Insurance Policies

If you purchased a long-term disability insurance policy directly from an insurance company, without any involvement from an employer, then your denied claim can proceed much like any other lawsuit. That is, you can file a lawsuit directly in court and are entitled to a jury trial. You are not saddled with either an “arbitrary and capricious” or “de novo” review.

Our Services

• Claims Assistance: We guide you through the entire claims process, ensuring that all necessary documentation is submitted accurately.

• Appeals: If your claim is denied, we will help you prepare a strong appeal to contest the decision. Again, it is very important to hire an attorney to submit an appeal. As a skilled and knowledgeable long-term disability insurance lawyer, we know how to prepare an appeal so as to optimize the chances of success and so the administrative record will be adequate for any subsequent lawsuit.

• Litigation: We will file a lawsuit on your behalf if you lose the appeal process.

When you hire the Law Offices of Eric Dinnocenzo to serve as your attorney, you get:

• Experience: With over two decades of experience, we have successfully helped countless clients obtain the benefits they are entitled to. Eric Dinnocenzo also has significant experience litigating in the courts, publishing legal articles, and as a member of professional organizations.

• Personalized Approach: We take the time to understand your unique situation and tailor our strategies to meet your needs. We are also highly responsive and always available to answer your questions.

• Proven Results: Our track record speaks for itself. We fight vigorously for our clients’ rights.

Contact Us

If you need help with your New York or New Jersey long-term disability insurance claim, you can contact New Jersey and New York Insurance Lawyer Eric Dinnocenzo at (212) 933-1675 for a free consultation.