New Jersey Private Disability Insurance Claims
Pursued Diligently by a Tough, Veteran UQUR Disability Insurance Dispute Lawyer
Private disability insurance is sold as protection in the event of long-term injury or illness. However, when the time comes to file a claim, you may need protection from your own insurance company!
The best way to get this protection is to contact an experienced Disability Insurance Dispute Lawyer practiced in insurance claims. If you are about to file a disability insurance claim, or if your claim has been stalled or rejected, contact disability attorney Mike Quiat. As a senior partner at the law firm of Uscher, Quiat, Uscher & Russo, P.C., Mike handles wrongful denial of disability claims under New Jersey disability insurance law and ERISA. He has practiced law for more than 30 years and has prevailed against many large insurance companies.
The Bigger They Are …
Not all insurance carriers provide private long-term disability insurance. This is both good and bad for the policy holders. The downside is that the near-monopoly that companies like Unum, Prudential, MetLife, Hartford, AIG, Aetna, Lincoln Financial, Guardian, Berkshire, United of Omaha, Principal, Northwestern Mutual, Cigna and others have affords them immense power to deny claims. On the positive side, Mike Quiat and his staff have fewer companies to deal with, and they are well aware of the specific tactics these companies use to deny and minimize disability claims. Mike has developed his own effective strategies for compelling disability insurers to own up to the full legal obligations they owe their policyholders.
Private Disability Insurance Claims
Long-term disability insurance is generally offered in group plans through employers like ERISA. Or they are offered through private individual policies purchased directly by individuals. Many policy holders seeking to protect their incomes in the event of medical disasters choose private plans because they typically offer better benefits than an employer-sponsored plan, or because the insured policy holders are self-employed. Others supplement ERISA with private disability insurance policies to cover as many bases as possible.
Disability insurance replaces all or part of your earnings if you become unable to work because of a disabling injury or long-term illness, regardless of whether the illness or injury is work-related. However, your disability claim runs into the best-kept dirty secret of the industry, which is that some insurers deny a large number of initial claims, whether or not they are valid.
Even if you have established a long-term disability claim and are receiving benefits, insurance companies are cash-strapped, and they are always looking for ways to generate money by buying out claims and negotiating settlements on terms beneficial to them, but not for claimants. Claimants need a knowledgeable advocate in their corner to help them through the complex details of a buyout and to make sure they get their fair share of the benefits.
It doesn’t matter whether the litigation is in Federal or State court. Mike is very familiar with all New Jersey disability insurance laws, including the “bad faith” law. Also, unlike ERISA disability claims, where claimants may have limited rights, plaintiffs in private disability cases have full legal rights, including trial by jury.
To prevail in a disability claim, you must:
- Prove the disability which is the injury or illness from which you suffer
- Demonstrate that the disability prevents you from performing your job
Usually, the key to proving the nature and extent of your disability and how it applies to your occupation lies in the hands of your physician. Your disability claim medical reports require special and knowledgeable attention. In addition to this, it’s vitally important to your disability claim that the initial reports you file are complete, accurate, and relevant. Don’t start off on the wrong foot in making your disability claim!
Also key to proving disability is the definition of the word in your policy. If the definition in your policy is “own occupation,” then benefits will be paid if you are disabled to the point where you cannot perform your “own occupation” (occupation-specific disability). If the definition is “any occupation,” then you will be paid if you are unable to perform “any occupation.”
Don’t Do This Alone, Contact our Disability Insurance Dispute Lawyer
Mike Quiat examines the terms and exclusions of your policy and advises on the viability of your disability claim. It may be as simple as getting a doctor to certify your disability, or there may be complex legal issues that could go either way in court. In any case, you are assured of honest legal counsel and aggressive representation by an experienced professional in just the area you need – disability insurance law.
Contact disability insurance dispute lawyer Mike Quiat at 800-797-5575 to discuss your disability claim today. He is dedicated to responsive and knowledgeable legal representation. Mike will answer your inquiry promptly and keep you informed and involved throughout the process.