Disability Insurance or Long-Term Disability -- If you have disability insurance (either insurance you bought or your employer provided) and the insurance company denies your claim, we can help you appeal the decision, and, if necessary, we can take your case to court to help you win your case.

How do I apply for disability insurance benefits or long-term disability benefits?

Check your policy - it will tell you how to apply.  If you have an insurance policy that you bought on your own, your policy should describe how to apply.  If it does not, you may also contact the insurance agent who sold you the policy or contact the insurance company.

Ask your employer to help you apply.  If your employer provides disability insurance benefits, contact your employer’s employee benefits coordinator.  If you are not sure whom to contact, ask your supervisor.  If your employer will not help you, follow the procedures in your policy handbook. 

If you are not sure whether your employer provides disability insurance or long-term disability benefits, consult your employee benefits office or your supervisor.  If your employer provides insurance, ask your employer to file a claim or to give you the forms so you can file a claim.  If your employer has disability insurance but will not help you file a claim, you should contact an attorney immediately; you have rights, but you may lose them if you wait too long.

If you do not apply, you cannot get benefits.  If you wait too long to apply, you may be denied just because you did not apply on time.

For what types of disabilities can I get benefits?

Insurance companies will pay benefits for most disabilities, but some polices limit benefits; for example, many policies will limit the payment of benefits to two years if your disability is based on mental illness.  Policies also sometimes limit coverage for pre-existing conditions.

Sometimes insurance companies try to deny benefits claiming a disability is not covered when, in fact, it is covered. We can review your policy and the facts in your case, and explain to you whether or not your disability is, or should be, covered. 

When do I need an attorney?

- If you are unable to work and have not yet filed a claim for disability benefits, you should do so.  If the insurance company has denied you benefits, you should contact us or another attorney right away.  If you have applied and do not have an answer in writing within 60 days, contact us.

- Contact an attorney as soon as possible if you are denied, because most insurance companies have deadlines that can be used to deny your benefits if you do not appeal.  Also, there is a time limit (called a Statute of Limitations) that applies to claims, and if that time runs out, a court may not be able to hear your case.

If you have already been denied by the insurance company and the insurance company has issued a "final decision" or has "closed your file" we may still be able to get more evidence to the insurance company.  We may also take your case to court if the insurance company refuses to pay your claim.  

Why do I need an attorney?

An attorney will help protect your rights.  You have rights that the insurance company does not want you to know about.  Depending on what type of insurance policy you have, you have rights under state law or under a federal law called ERISA (The Employment Retirement Income Security Act of 1974).  A lawyer can protect your rights.  For example, if ERISA applies to your case, you have a right to have your decision made within a reasonable time, and you have a right to have copies of the records that the insurance company is using to make its decision.  You also have the right to have a court review your case, if the insurance company turns you down and continues to refuse to pay you your benefits.

An attorney will help you gather and submit evidence.  In most cases, if there is any evidence you do not submit to the insurance company, you will not be allowed to submit it later if you have to go to court.  An attorney can help you gather the evidence you need and an attorney can explain to the insurance company why you should be found disabled.  An attorney can also make sure your doctors are asked the right questions; sometimes, insurance companies don’t want to ask your doctors the right questions.

How do I pay for an attorney if I am not working?

In most disability insurance or long-term disability cases, you can pay us a flat hourly fee or you can pay us a contingency fee if we win your case.  A contingency fee is based on a percentage of the benefits we recover for you.  In all cases, you will be responsible to reimburse us for costs, such as paying doctors for copies of medial records; usually these costs are very small, especially when compared to the amount of benefits you could receive.

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Not certified as a civil trial specialist by the Tennessee Commission on Continuing Legal Education and Specialization.  Certification as a social security specialist is not currently available in Tennessee.