Has your disability denial claim been denied?
Many American’s pay thousands of dollars each year for disabililty coverage to protect themselves and their families if something happens that prevents them from working. Unfortunately many insurance companies do whatever they can to try and prevent paying disability claims.
While Unum has received the most press for denying disability claims in bad faith, many insurers employ bad faith claim practices. Claims have been denied by the following insurance providers:
- Unum Provident (now Unum): Provident Life, Unum Life Insurance Company, Paul Revere Life Insurance Company
- Metropolitan Life Insurance Company (Metlife)
- Colonial Life Insurance Company
- Aetna Insurance
- AXA Insurance
- Berkshire Insurance
- CNA Insurance
- Cigna Insurance
- Equitable Insurance
- Guardian Insurance
- Hartford Insurance
- Prudential Insurance
- New York Life Insurance
- John Hancock Insurance Company
ERISA Disability Claims
Under ERISA, there is a two-step benefits claim and denied claim appeals process. You have the right to claim disability or medical benefits and to present arguments and evidence to your Plan’s administrator to prove you deserve them. If the Plan administrator denies your claim, you have the right to appeal. What you do (or don’t do) when you file your ERISA claim and appeal will typically make the difference between your getting and losing ERISA benefits.
One simply cannot overstate the importance of this two-step procedure. Unless you complete this appeal, you have no right to bring a lawsuit. Many people lose their benefits because they didn’t do everything they could have done to prove their case during the two-step ERISA administrative process. Typically the Plan’s administrator will not be a help to you, even though the administrator is supposedly your fiduciary.
Social Security Disability Claims
If you have been permanently disabled due to an accident, injury, or medical condition you may be able to collect benefits from social security disability or supplemental security income.
Medical conditions that may entitle you to disability compensation include:
- Chronic Fatigue Syndrome – A condition that causes fatigue severe enough to interfere with your ability to participate in normal work, recreational, or social activities. Fatigue caused by CFS does not improve substantially with rest.
- Multiple Sclerosis – A chronic neurological disease that involves the central nervous system—specifically the brain, spinal cord, and optic nerves. MS can cause problems with muscle control and strength, vision, balance, sensation, and mental functions.
- Lupus – A chronic disease that can cause inflammation, pain, and tissue damage throughout the body. Lupus is an autoimmune disease, in which a person’s immune system attacks its own tissues as though they were foreign substances. If you develop serious lupus, you may have problems with your kidneys, heart, lungs, or blood cells.
- Degenerative Disc Disease – This encompasses an assortment of ailments to the spine, including herniated discs, spondylolisthesis, stenosis, idiopathic scoliosis, kyphosis, and other spinal diseases that occur as we grow older.
- Bi-polar Disorder – Also known as manic depression, bi-polar disorder is a serious illness that can lead to crippling mood swings, irrational behavior and suicidal tendencies.
- Cancer – a general term for more than 100 medical conditions involving uncontrolled and dangerous cell growth. Scientists suggest that some cancer is caused by genetic factors, while other forms are caused by environmental conditions.
- Osteoarthritis – type of arthritis that is caused by the breakdown and eventual loss of the cartilage of one or more joints.
- Rheumatoid arthritis – a type of arthritis that causes the body’s immune system to attack the joints.
- Congestive heart failure – potentially lethal condition in which congestion develops in the lungs that is produced by a heart attack, poorly controlled or uncontrolled hypertension, or disease processes that weaken the heart.
- Chronic heart failure – a disorder in which the heart loses its ability to pump blood efficiently throughout the body. The oxygen and nutrients in the blood provide the body with the energy it needs to operate efficiently.
- Anxiety disability – sudden bouts of intense fear or anxiety that causes frightening but not life-threatening symptoms such as a pounding heart, shortness of breath, and the feeling of losing control or dying.
- Reflex sympathetic dystrophy – chronic progressive neurological condition that affects skin, muscles, joints, and bones. The syndrome usually develops in an injured limb, such as a broken leg.
- HIV – Human Immunodeficiency Virus, the virus which causes AIDS. HIV is a retro- virus that attacks the human immune system.
- AIDS – A serious (often fatal) disease of the immune system transmitted through blood products especially by sexual contact or contaminated needles.
- Hepatitis C – Affects the liver and can cause liver damage. Hepatitis C infection happens by coming into direct contact with the blood of an infected person.
- Schizophrenia – a wide range of mental disorders characterized by a disassociation of sensory input, feelings and emotions on one hand and thoughts on the other. Symptoms can include hallucinations, hearing voices, a feeling that one’s thoughts or actions are under someone else’s control, and many others.
- Crohn’s disease – inflammatory disease most prominent in the small bowel, which may involve any part of the gastrointestinal tract and other organs, and which is associated clinically with diarrhea and irritable bowel.
If you have questions about the application of the law in a particular case, consult your lawyer. The law is constantly changing .
Information on this site or any site to which we link does not constitute legal advice .