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Long-term disability insurance is generally offered in group plans through employers ERISA claims, or through private policies purchased directly by individuals. Many seeking to protect their incomes in the event of medical disaster, choose private plans because they typically offer better benefits than an employer-sponsored plan, or because the insureds are self-employed. Others supplement Erisa with private disability income insurance policies so as to cover as many bases as possible.
Disability income 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 claim runs into the best-kept dirty secret of the industry - a policy of some insurers to 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, in these cash-strapped times for insurance companies, they are always looking for ways to generate cash by buying out claims and settlements on terms beneficial to them and not so good 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 federal, New Jersey and New York private disability insurance laws, including "bad faith" law. And, unlike Erisa, where claimants may have limited rights, plaintiffs in private disability cases have full legal rights, including trial by jury. |