If you are denied disability and can’t work, this will affect you financially in immediate and significant way. Understanding the rights afforded to you and what to do if you believe that your disability insurance company has wrongfully denied you coverage is critical for recovering the compensation that you might need to move on with your life.

What If I Can’t Do My Job?

Just because you are unable to do your job doesn’t necessarily mean you meet the grounds for disability. The most crucial aspect of any disability policy through which you are submitting a claim is the formal definition of disability.

The vast majority of group long term disability policies provided to you as an employee of a company mean that disability is an inability to perform the substantial and material duties of your regular occupation. The term occupation refers to your job at the national level in the economy rather than what you do for a certain employer.

What Is Group LTD Insurance?

Most employers provide group long term disability insurance as a benefit for their workers. This can be a very affordable option in comparison with an expensive individual policy. You do need to be aware, however, of some of the common limitations associated with most group LTD plans, particularly, as it relates to how they define the term disability.

What Does ‘Any Gainful Occupation’ Mean?

Some long term disability policies only provide you with benefits if you are completely disabled from any gainful occupation. This means if you could still do different aspects of your job or another job, you might not be fully disabled.

What Do You Need to Know About the Waiting Period?

Typically, you will not be able to receive benefits under a policy until you satisfy the elimination or waiting period, which can last anywhere from 60 to 180 days after your injury before disability benefits begin. If you attempted to submit your claim prior to this and received a denial of your disability claim, you could be able to apply again.

However, it is important to realize that what you submit to the insurance company will determine whether or not you are successful in court. Most employer sponsored group LTD plans are governed by a federal law known as ERISA. This law regulates employee benefits.

The claims administrator working for the insurance company has discretionary authority to decide your claim for benefits. You usually don’t get to supplement the initial record that you submitted with what you didn’t think include and you do not get to present your case to a jury.

What If I Was Wrongfully Denied Disability Benefits?

If you believe that you are denied disability and can’t work because the insurance company made a mistake or did not fully consider the aspects of your injury, you could be eligible to take legal action and get support from an experienced attorney.

If you are denied disability and can’t work, one of the first steps you should take is getting legal protection and speaking with a lawyer who has a background in denied disability claims.

Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The bad faith insurance attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual lawsuit or Unum class action lawsuit is best for you. [In general, Unum bad faith lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.

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