If you are suffering from a condition that has disabled you and rendered you incapable of working, you may be entitled to receive benefits pursuant to your disability insurance policy. Oftentimes, however, insurance companies deny disability claims without adequate justification for their decision (or delay processing to limit the ability of the claimant to recover benefits). Here at Berg Plummer Johnson & Raval, LLP, a Houston disability benefits lawyer is well-positioned to advocate on your behalf.
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. What constitutes a “disability” can vary significantly from plan-to-plan. In some cases, the disability insurance policy gives only a general definition of disability (thus creating an opportunity for the insurer to restrictively interpret such definition), while in other cases, the policy gives both a general definition, along with specific examples of disabilities — presumptive disabilities — that by default qualify for benefits under the contract.
The definition of disability (and whether your disability qualifies you to receive benefits pursuant to your policy) may vary in accordance with the following, among many other factors:
- Whether your condition restricts you from working at your current job
- Whether your condition restricts you from working at any job
- Whether your disability is partial or total
- Whether your disability is long-term/permanent or temporary
- Whether you are receiving disability income from other sources
The language in your disability insurance contract may be quite technical, so it’s important that you consult with an experienced disability benefits attorney who is capable of assessing the terms of your insurance plan and whether your condition is likely to qualify for benefits.
When appealing the denial of a disability benefits claim, it may be the last opportunity that you have to introduce a comprehensive record relating to your disability (i.e., medical record evidence, wage loss documentation, etc.) — this record will be assessed during litigation if the appeal fails. It’s critical that you work with an attorney who is experienced in the appeals process and who can assist you with gathering the necessary documentation.
Receiving disability benefits can be a procedurally, substantively, and emotionally challenging process. Although one might expect an insurance company to pay when the claimant has a legitimate disability entitling them to benefits, insurers often deny disability claims and frequently employ tactics that are intended to frustrate the efforts of the disabled claimant.
The Houston disability benefits attorneys here at Berg Plummer Johnson & Raval, LLP have extensive experience assisting with disability claims from beginning-to-end of the claims submission and appeals process, and all the through to litigation. Our lawyers are committed to providing best-in-class legal representation to disabled claimants, and work tirelessly at every stage to ensure that our clients receive the payout they deserve.
We recognize that budget may be an issue for some clients. At Berg Plummer Johnson & Raval, LLP, we work closely with our clients to develop customized fee arrangements so that we can help them obtain disability benefits without overextending themselves financially.