Morehead City Temporary Disability Litigation Lawyers
The process of filing for short-term disability benefits can be incredibly frustrating, often resulting in denial after denial. When you have exhausted the appeals that are available to you, the only remaining option is to take your case to court. When it comes time to take legal action, choose the law firm that so many others in Morehead City and across North Carolina have turned to for help with their worker’s compensation claims. Choose Law Office of Sam Scudder to help you get the benefits you need to support yourself and your family.
Our attorney Mr. Scudder is a Board Certified Specialist in Workers’ Compensation Law. Our firm has proudly served clients in the Morehead City area for over 25 years. We know that being denied benefits can add additional stress to your life during an already challenging time. You do not have to sit by and potentially lose a benefit that you are owed. Contact the experienced attorneys at Law Office of Sam Scudder for help.
The Morehead City temporary disability litigation lawyers of Law Office of Sam Scudder are dedicated to providing the strongest possible legal representation to individuals whose disability claims have reached their deciding moment. Contact us by calling (252) 222-0227, filling out a contact form, or starting an online chat now to find out how we can help you.
Depending on the Discouragement of Denial
The insurers who provide short-term disability insurance are often more interested in preserving their profits than paying out their obligations. Consider that:
- An estimated 70 % of disability claims are denied initially.
- If half of those people drop their case (35 % of all applicants), then it is a big success for the insurance company.
- 85 % of those who file one appeal are denied again.
- If those people give up, then the previously halted 35 % of claims gain an additional 29.75 %, meaning that through two swift denials, they have eliminated 64.75 % of applications without paying a dime.
In plain language, these numbers mean that insurers often have an incentive to deny claims, even without a good reason. If you don’t find a Morehead City disability litigation attorney to help you fight back, you may miss out on the benefits you need to support yourself during your recovery.
Litigating a Denial of Temporary Disability Benefit Claim
If your appeals for benefits were denied, it might mean that it is time to file a lawsuit. Whether you file a lawsuit in state or federal court will depend on whether the disability insurance was employer-provided or privately acquired.
If purchased privately, the lawsuit will generally go to state court and follow standard litigation procedures, although this can vary depending on the contract language in the policy. If the employer provided the insurance, the lawsuit might be governed by a federal law called Employee Retirement Income Security Act of 1974, or ERISA. For a short-term disability policy to fall under the rule of ERISA, it must be at least partially funded through insurance. This means that if you are denied the short-term benefit for which you apply, sometimes you have recourse through state courts and administrative hearings as well as through the federal court system. ERISA governs more than 80% of short- and long-term disability insurance policies.
Since approximately 75.5% of disability claims in South Carolina are initially denied, having an experienced attorney to represent you through the appeals process and litigation is vitally essential to the success of your claim going forward. An experienced attorney can help you by:
- Knowing the law, the procedural rules, and the deadlines for claims and appeals. Various laws apply to disability cases and a variety of factors that can contribute to what law is applicable. Knowing which law applies in each circumstance can be challenging and can affect the type of action with which you can proceed and in what court system. Furthermore, attorneys know the deadlines and understand that missing deadlines for filing a legal action can cause delay or prohibit your claim.
- Finding out why your claim was denied. Claims are denied for a variety of reasons. Knowing exactly why your claim and appeal was denied will allow an experienced attorney to find an error in the ruling and help get your claim approved. Common reasons why claims are denied include the following:
- A medical procedure was wrongly classified
- The policy excludes your condition
- You have not been working at the company for a long enough time period
- Gathering the appropriate information and relevant facts to prove your case. Not all facts will be pertinent to your case. Knowing what will make your case stronger and what will make it weaker can help lead to a positive outcome for you.
- Preparing your documents and gathering the evidence to file a lawsuit. Ensuring that you have the proper experts to testify on your behalf and the correct documents to present to the judge or jury can prove that you were, in fact, denied a claim to which you have a legitimate right.
Litigating a denial of temporary disability benefits may be beneficial to the claimants not only so they can receive their needed benefits, but also because insurance companies must act in good faith and fair dealing. If you go to trial and it is discovered that the insurance company denied your claim in bad faith, they may subject to more penalties. This could mean that you may be awarded other compensation and receive money beyond what you were seeking in your temporary disability benefits claim.
As noted above, carriers of temporary disability plans have an incentive to deny claims because they know many people do not fight for their rights, and it means more money for them. That’s why you need to stand up for your rights and fight for the benefit of temporary disability to which you are entitled. Having an experienced attorney from Law Office of Sam Scudder on your side to help litigate your claim will give you the best chance of success.
Hiring an attorney demonstrates that you mean business, and cases that reach the litigation phase are considerably more likely to be decided in favor of the claimant when an experienced attorney gets involved. Contact the Morehead City short-term disability litigation lawyers of Law Office of Sam Scudder, at (252) 222-0227 to aggressively pursue the disability benefits that you are rightfully owed.