FAQ's. Common Questions answered here.

Going through something as difficult as a major legal event can leave you filled with questions about the past, present, and what to expect in the future. Get answers to some of the top questions I receive, to help put your mind at ease. Check back often for even more answers to your legal questions. Better yet, give us a call to see how we can help. 

 

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  • Should I go to Human Resources if I am denied long term disability benefits?

    Can Human Resources help when my Long Term Disability Claim is Denied?

     

    If you received a denial letter from your long term disability insurance company, you may be thinking of seeking help from the people in Human Resources at work. After all, they know you personally and understand why it is that you can’t come back to work. Your company is also the one who bought the group policy that is meant to protect its employees from a complete loss of income, if someone like yourself becomes too sick or suffers from an injury or impairment that leads to having to stop working.

     

    While the people in HR may know you, like you, and be on your side, they should not be the ones to help you with your appeal following a denial of disability benefits. They are probably well meaning and have offered to help you in any way that they can, but with all due respect, understand that they do not have the experience or the training to go up against a situation like yours and probably have no idea what is actually entailed. They may want to try to help but at the end of the day, it is not them who will have to live with the consequences of the outcome and you must take responsibility by seeking out appropriate guidance. They may be cheering for you and that’s great, but just like you aren’t going to let the folks in Human Resources operate on you, nor should they be doing legal work for you. Too much is at stake in your appeal and that is something that most people just don’t understand. Your appeal is your one and often only shot at being able to reinstate your long term disability benefits. Even if you lose and then decide to sue, the entire lawsuit will be based on what you submitted in your appeal.

     

    But Human Resources said I don’t need a lawyer for my Long Term Disability Claim

     

    Your Human Resources department might tell you that you don’t need a lawyer and while it is technically true that you are not required to hire one to help fight the insurance company and prepare an appeal for you, there is too much at stake to try this on your own. Even respected Federal Judges have acknowledged how difficult these cases can be. And remember, your company is the one who selected and bought the policy for you- having once trusted the sales rep. It’s best not to count on them to be able to rescue you from the mess that the insurance company has now placed into your lap.

     

    The clock is ticking on your LTD Claim if you’ve already been denied benefits

     

    You have a very short time frame in which to appeal under ERISA- the Federal law that likely oversees what happens next. Give us a call at 630 250 8813 and our lawyer will be happy to review your denial letter at no cost, to assist you with a strategy on how to best move forward. Do not delay as valuable time has probably already been lost.