You buy disability income insurance to protect your most valuable asset - your ability to earn a living. So when that ability has been destroyed as a result of some illness or injury, the least you can expect is that the insurance company to which you have been paying premiums down through the years will pay your benefits in a timely and appropriate fashion.

          Unfortunately, the reality of disability income insurance claims is worlds apart from this ideal. There is an old adage: "Insurance companies love to collect premiums, but hate to pay claims." Nowhere is this more the truth than in the disability income insurance field. Insurers demand that claimants jump through a seemingly endless variety of procedural, administrative and physical "hoops", just to get benefits for which they have been paying hefty premiums for years.

          If you are having a disability income insurance problem or if you think your insurance company is playing games with you, we can help. Our law firm has been through the disability income process hundreds of times. Our attorneys know what carriers can and cannot legitimately do to their insureds and when such conduct crosses the line and becomes "bad faith". And, we also understand the human side: when you are disabled, you are most vulnerable and need timely and responsive legal advice.

         Long Term Disability (LTD) income insurance claims is a highly specialized field with only a few true "practitioners."  UQUR's Mike Quiat is one.

          He has handled disability income insurance claims aganist all major carriers and litigated matters in both State and Federal Courts, through trial and appeal. An experienced litigator, he has a keen understanding of how insurance companies handle claims, particularly disability income insurance claims.

          Even more, having lived through it with clients many times, Mike is well aware of the psychological and emotional torment suffered by LTD claimants, particularly those having to deal with disability income insurance carriers.

          So, if you are in a bind with an insurance company which refuses to pay your disability income claim or continues to stall by asking for "more information" while your life falls apart around you, why not ask Mike Quiat if he can help?

          To learn right now if Mike can help you with your disability income insurance problem, CONTACT MIKE NOW!  Or call toll free 1-800-797-5575.

Click here for more info.

 DISCLAIMER
No material on this Web Site is meant as legal advice. It is strictly for informational purposes.  Your visit to this Web Site does not create an attorney-client relationship of any kind.

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  FREQUENTLY ASKED QUESTIONS (FAQs):

A: Although different companies use different language in their policies, generally a claimant must establish (1) that he/she has a documented, legitimate medical condition, which is certified to by a competent medical provider; and (2) as a result of this condition he/she is unable to perform their substantial and/or material occupational duties. A claimant must meet both of these criteria before being eligible for benefits.

A: Yes. Most insurance policies provide for very clear requirements on giving timely notice to the carrier of such a claim. In the event that you fail to give timely notice of the claim, you run the risk of the carrier denying the claim because the insurer was not given adequate and timely notice to investigate the claim. In most cases, unless there is real prejudice shown to the carrier as a result of the delay, these types of issues will not be determinative as to a legitimate, properly documented claim. But it is important to act quickly when you have a disability income claim to put the carrier on notice as soon as you know that a claim will be filed.

A: Immediately. Disability income claim forms are not like health insurance claim forms. A lot of thought and care should be exercised in answering the very specific questions required by a standard disability income insurance claim form. Don't forget once you submit a claim form, you must live with the information and positions you have taken in that form. Your claim forms become the "law of the case" and, except for exceptional circumstances, your disability income insurance claim stands or falls with those initial claim forms. To avoid obvious mistakes and pitfalls which can result in delay or even denial of legitimate claims, you should get a knowledgeable and experienced disability income insurance advocate to assist you in preparing your first claim form before you send it to the carrier.

A: This depends in part on whether the policy is a group policy covered by the Employee Retirement Income Security Act ("ERISA"), or is just an individual private disability income policy between the carrier and the insured. Generally speaking, the Courts allow carriers to take a "reasonable" time to fully investigate a claim before making a claim determination. What constitutes a "reasonable" time will depend in large measure on the particular facts of each case. In ERISA cases, carriers generally have 90 days to decide a claim, but this time period can, and often is, extended for specific reasons.

A: Yes. No disability income insurance company will pay a disability claim unless a competent medical provider has certified to your disability and its impact on your ability to do your job.

A: Once you are on long-term disability, most policies provide for a "waiver of premium" which permits you to stop paying the monthly or quarterly premiums due for these policies for the duration of your disability. Once your disability is over, you will again begin to pay premiums, but you will not be required to pay premiums retroactively. Be certain to check the terms of your disability income insurance policy in these circumstances.

A: Most disability income policies require insureds to submit to an Independent Medical Examination (IME) by doctors selected by the carrier to confirm the diagnosis and the state of impairment. Some also require a Functional Capacity Evaluation (FCE).  Generally speaking, insureds who do not agree to participate in this process risk losing their benefits. However, the insured does have certain rights with respect to the conduct of those IMEs and FCEs.  These rights include the right to have a witness present, including an attorney,  to record the session itself, and    to get copies of the reports and underlying test results. Insureds also have the right to have these IME and FCE exams scheduled at a convenient time and place, and only as frequently as is reasonable under the circumstances.

A: Yes and no. Depending on the state in which you reside, you may have state law rights which allow you to have your legal fees reimbursed by the carrier if you win. Most states do not provide for these rights.  But, if you recover punitive damages for a carrier's "bad faith" claims handling practices your legal fees will most likely be covered.  However, if your claim is under a group policy covered by ERISA, such as an employer sponsored disability income insurance plan, you are entitled to have your legal fees reimbursed by the carrier if you are successful in litigating your claim.

 .Q: If I am offered a lump um buyout of my policy, should I take it?

A: Not before having your own lawyer thoroughly review the offer from your point of view.  Insurance carriers rarely do anything voluntarily unless it is in their financial or legal best interests.  Whether to accept a buyout offer is a complex issue which must be  thoroughly analyzed by some one who understands  completely the real value of these types of disability income policies.  All pertinent factors which bear on such a decision must be carefully considered.  Just be wary of carriers who try to get out from under your claim cheaply by offering you what appears to be a sizeable sum when you are hurting and financially strapped.

If you have a question which was not covered in the FAQs above or would like more information about any answer,  CONTACT MIKE NOW!  Or call (toll free) (800) 797-5575.

Click here for more info.

 DISCLAIMER
No material on this Web Site is meant as legal advice. It is strictly for informational purposes.  Your visit to this Web Site does not create an attorney-client relationship of any kind.