When you become disabled and are focusing on your health while trying to navigate the disability insurance process, you have a choice. You can try to file this disability insurance claim on your own, and then start looking for a disability lawyer when your claim has been denied and the clock is ticking.
Or, you can work with an experienced, efficient, skilled, and aggressive disability lawyer from the start. The partners at Frankel & Newfield make the claim process smooth and efficient. Here’s what they know that most claimants do not:
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There are extremely strict time limits to disability claims, especially for those that are part of an employee benefits package, covered by “ERISA,” the federal law that governs the disability insurance policies secured through employment.
Your treating physician does not know that your medical record can make or break your claim. A single doctor’s note in your record could cause the disability insurance company to deny your claim or try to move your claim from a physical disability to a “mental nervous” claim, which most policies only pay benefits for 24 months.
Frankel & Newfield works with treating physicians to ensure that your medical records, from doctor’s notes to objective medical test reports, support your disability claim.
Once something becomes part of your insurance claim file, it is there forever. That file is used by the disability insurance company and claims adjusters to find reasons to deny or delay your claim. Will you know what documents you are not required to provide?
All and any materials in your disability claims file are used by the insurance company as evidence to potentially deny or terminate your claim. For ERISA claims, the only information that can be considered in an appeal to a Court (in Federal Court), after the claim has been denied or delayed, is that which is in your disability claims file. Do you know what documents must be in there to overturn a claim denial?
The disability insurance policy is a contract between the policy owner and the insurance company. They are not written in favor of the policy owner. These are complex legal documents, difficult even for attorneys who are not disability attorneys to understand.
There is a tremendous amount of case law in the disability insurance field. That is because there are so many cases that go to federal court when disability insurance companies push back on paying claims.
The law shifts and changes over time, even when the policies themselves do not. Frankel & Newfield keeps current on the lawsuits that impact claims, so that clients receive timely advice.
Call our office today at 877-583-2524 to find out how we can protect your disability claim.
Different courts take different approaches to disability insurance cases. What may be a successful defense in one court could require a different approach to succeed in another. We stay updated on court decisions so we know what your claim may be up against if your case has to go to court.
Our goal is to prepare your initial claim so well that your claim is not denied, not delayed and that you are paid the benefits that your policy says you will receive.
If your claim is denied, we are in a far better position to defend you, as we will have created a foundation that is based on everything we have learned in our decades of practicing in this area of the law.
Your disability benefits are too important to put at risk. Call our office today and learn how we can help. The call is free – speak with a partner today: 877-583-2524
At Frankel & Newfield, P.C., we are committed to our clients when they are facing a review or a termination of their benefits. We are known by our adversaries for our aggressive litigation and knowledge of disability insurance law. If your claim is at risk, experienced disability claims management lawyers can help.
Our process for claim management is similar to that of preparing to file a claim. We examine everything from the long-term disability insurance policy to the most recent medical reports sent to the insurance company. We speak to the insurance company on your behalf, alleviating a great deal of stress for the claimant and their family members.
Claimants are usually stunned when they receive a letter from their disability insurance company advising them that their claim is being reviewed, or worse, that benefits are being terminated.
Being on claim often feels like a precarious state, when one’s economic fortune is controlled by a massive, impersonal financial institution. Clients come to us when they are on claim but have received a letter regarding a review of their file, if a field investigator has made a surprise visit or if they have some sense that their claim status is in jeopardy.
Here’s an example of how we help clients over the course of their claim:
“I have been working with Mr. Newfield for many years on my claim. I cannot imagine not having him on my side all these years. Being sick and having a big company not want to pay you is an awful and scary experience and for the first couple of years, caused me severe ANXIETY but over time, Jason proved to keep me calm and my payments coming. Besides being an excellent attorney, I also feel like he has become a friend and someone who I feel truly cares about me and my case. I can’t recommend him enough.” Anonymous
If you are not seeing a treating physician on a regular basis, or if your treating physician lacks special training in your disability, the insurance company will have questions about your disability’s severity.
The disability insurance companies are known for categorizing tasks incorrectly, relying on out-of-date occupational guidelines and getting the duties wrong. We represented an anesthesiologist who could not focus because of her disability—her responsibilities included making decisions that could have life or death implications. The insurance company decided she was able to work because her job could be performed from a seated position.
Many people make the mistake of focusing on the amount of their monthly benefit check. We help clients understand the true value of the disability policy, so they have a better understanding of what is at risk.
If you have questions about your claim and are not sure where to turn, call our office at 877-583-2524 or contact us online to set up a free consultation with an attorney. We assist clients from every part of the country from our office in New York.
Justin Frankel is a founding partner of the disability insurance law firm Frankel & Newfield and is a highly skilled litigator and advocate. He has published numerous articles on the challenges facing clients with private or individual disability insurance policies and those who own group or ERISA disability insurance policies.
FILING A DISABILITY INSURANCE CLAIMSecrets the Disability Insurance Companies Don't Want You to know!
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Important note to all our clients: We have moved! Our office at 585 Stewart Avenue Suite 312 Garden City, New York 11530 is no longer our address. You can now find us at our new offices at 1 Old Country Rd, Suite 429, Carle Place, NY 11514