People buy disability insurance for one thing: Security in the event that an accident or illness causes them to be unable to work. Finding yourself unable to work can be devastating. And even more so when the disability benefits you thought you could count on – and had been paying for – are withheld from you. You are forced to draw from your savings or the equity in your home to pay your household bills. You may find yourself faced with foreclosure or bankruptcy.
Insurance companies find many ways to deny disability claims. They may dispute the fact that you are unable to work, and use their doctors to disagree with your doctors. They will look for a misstatement made on your application or try to claim you had a preexisting condition or prior injury that negates your coverage. They’ll claim your disability is caused by a condition excluded from coverage in your policy, such as alcohol or drug use, or a mental disorder. They may try to prove that your disability is work-related.
In addition to denying disability claims, insurance companies often delay payment of disability claims, then offer to ‘buy out’ your claim because they know you’re desperate to pay your bills or support your family. If you have a legitimate disability insurance claim and your insurance company acts in bad faith regarding your disability claim, you may be entitled to recover damages for loss of policy benefits, any financial loss incurred, and emotional distress. In some cases, where the insurance company can be proven to have committed malicious or fraudulent acts, you may be entitled to punitive damages.
Cabaniss Law is experienced and knowledgeable in the area of wrongful denial of disability. We will help you to recover every dollar you have coming for a denied disability claim. When you can’t work, Cabaniss Law will work for you.
Cabaniss Law has successfully achieved settlements and favorable court rulings for the victims of disability benefit denials. Prudential agreed to pay $300,000 to settle one such lawsuit, and recently Judge Stadtmueller ruled that the Aurora Healthcare Long Term Disability Plan acted arbitrarily in wrongfully denying a Cabaniss client disability benefits.