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Many people have long term disability insurance provided by their employer, or which they purchased independently. These
policies are designed to pay you benefits in the event you become disabled. Unfortunately, all to often the insurance company denies your claim.It is imperative that if you make a claim for
long term disability benefits that you hire an attorney at the earliest possible stage. It is very difficult, and sometimes impossible, to submit new evidence after the claims process is
completed by the insurance company. An attorney can ensure that all available evidence supporting your claim is submitted to the insurance company prior to the time they make their decision. In
addition, an attorney can determine if additional evidence, such as an independent medical examination is appropriate. Finally, an attorney can attempt to build a record that the insurance
company is not acting fairly, which can be essential should the need arise to appeal the insurance companies decision. The final decision of a long term disability insurance carrier can be
appealed by the filing of a lawsuit under ERISA (Employee Retirement Income Security Act). Unfortunately, the prosecution of an ERISA lawsuit is more difficult than a Social Security Disability
lawsuit. This is because ERISA and cases in which the Courts have interpreted its provisions, are much less favorable for the disabled individual than are the Social Security laws. Like Social
Security cases, most cases are handled on a contingency fee basis, although a retainer (an up front sum of money) is sometimes required depending on the case.
** By New York law, clients must pay disbursements.
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