Chicago Disability Insurance Attorneys

Ready to Help You Obtain The Benefits You Deserve

Do you need to obtain disability insurance benefits from an insurer? Dabdoub Law Firm and our disability insurance attorneys help people who live in Chicago get disability benefits. Long term disability insurance claims are complicated with regulations and rules. We only handle disability benefits cases to improve our focus and your chance of success.

We have extensive experience handling all portions of a long term disability benefits claims. From filing to appealing and negotiating settlements and litigating in court, we can do it all for you. There are no major insurance companies in the United States we have not come across and successfully dealt with on behalf of our clients.

Find out how we can help by calling (800) 969-0488 or filling out our online contact form today.

Chicago Long Term Disability Insurance Claims & Cases

Obtaining disability insurance coverage from an employer is the usual situation in Chicago and for most employees in the country. Chicago is known for housing numerous industries, but commercial shipping and real estate developments are most notably on the rise. Sears Holdings Corporation and Walgreen Co. are two of the largest employers in the city. Companies like this work with major insurers to provide disability insurance coverage to employees. You might be receiving your long term disability insurance policy from MetLife, Reliance Standard, or CIGNA, among several others. The group disability insurance policy you have is probably governed by ERISA, a federal statute applicable in federal courts in each state.

A great number of workers in Chicago also find work as independent contractors. Doctors, entrepreneurs, and so forth are not provided group insurance in most cases. As such, you should have disability insurance benefits provided through a private or individual disability insurance policy. You may have to pay more for an individual policy than you would getting coverage through an employer, but the trade-off is a policy that favors you more.

We have been representing people in all types of occupations and living with all sorts of medical conditions for years. We know all the tactics insurance companies may try to use to deny, delay, or lessen the value of your claim. More importantly, we know what it takes to counter them.

Our Disability Lawyers Can Help You

As a law firm focused only on helping people get disability benefits from insurance companies, the firm has recovered millions of dollars in disability benefits for clients across the country.

Our disability insurance lawyers have challenged every major insurance company when they have denied long-term disability benefits to our clients. Every lawyer focuses on disability insurance claims, appeals, and lawsuits.

With so much at stake, shouldn’t you have experienced disability lawyers on your side?

Because federal law applies to most disability insurance claims, your disability lawyer does not have to be located in your state to help.

Call (800) 969-0488 to speak with a Chicago disability insurance lawyer.

FAQs About Disability Claims in Chicago, IL

What is the difference between short-term and long-term disability insurance?

Short-Term Disability (STD):

• Typically provides benefits for a few weeks to a few months (usually 3 to 6 months).
• It covers a portion of your income if you are temporarily unable to work due to illness, injury, or medical condition.
• The benefit amount is often around 60-80% of your pre-disability income.

Long-Term Disability (LTD):

• Provides coverage for longer periods, often years or until retirement age, depending on your policy.
• LTD benefits kick in after the STD coverage ends, typically after 3 to 6 months of disability.
• The benefit amount is also generally 60-80% of your salary, but the duration can extend far beyond the short-term period.

Understanding the differences between these two is crucial in determining your income protection in the case of a disability.

How do I file a claim for long-term disability insurance?

The process for filing an LTD claim typically includes the following steps:

• Notify Your Employer or Insurer: Many employers offer LTD coverage as part of an employee benefits package, and you’ll need to inform them of your disability. If you have private coverage, notify your insurer as soon as possible.
• Complete the Application Forms: These forms typically ask for detailed personal, medical, and employment information. Be as thorough as possible to avoid delays.
• Submit Medical Documentation: Provide copies of your medical records, doctor’s statements, test results, and any other documentation that supports your claim.
• Maintain Communication: LTD claims can take up to several months to process, so staying in regular contact with your insurer and following up on the status is recommended.

Can I receive both short-term and long-term disability benefits at the same time?

In most cases, no. Short-term disability (STD) benefits usually cover you in the early stages of a disability, and once the STD period ends, long-term disability (LTD) benefits may begin.
However, if you have both types of coverage, the LTD insurer may subtract the amount you receive from STD benefits from your LTD payout. This is known as an "offset." It’s important to check the terms of both policies to understand how they interact.

What is an ERISA claim, and how does it relate to disability insurance?

ERISA (Employee Retirement Income Security Act of 1974) is a federal law that sets standards for private-sector employee benefit plans, including disability insurance. If your employer provides disability benefits as part of an employee welfare plan, ERISA likely governs your claim.

• ERISA Claims: If your disability claim is denied, you are required to follow the ERISA appeals process. This involves exhausting the administrative remedies offered by the insurer before you can file a lawsuit.
• Key Features of ERISA Claims:
  • The claims process must be thorough, and you typically have 180 days to file an appeal after a denial.
  • ERISA provides a structured framework for claims and appeals, but it limits some of the remedies available to claimants, such as punitive damages.
  • If the appeal is unsuccessful, you may file a lawsuit in federal court.

Can I sue my disability insurer under ERISA if my claim is denied?

Yes, if your disability claim is governed by ERISA, you can file a lawsuit after exhausting the internal appeals process. However, there are some limitations:

• Court Review: ERISA lawsuits are usually decided by a judge who will review the insurer's decision based on the administrative record (i.e., the documents and information submitted during the claim and appeal process).
• Limited Remedies: ERISA does not allow for compensatory damages, such as pain and suffering or emotional distress. The main remedy is the payment of disability benefits.
• Preliminary Steps: Before filing a lawsuit, it’s critical to go through the insurer’s appeals process. Failure to exhaust the internal appeals process can result in a dismissal of your lawsuit.

What should I do if my long-term disability claim is denied under ERISA?

If your LTD claim is denied under ERISA, here are the steps to follow:

• Review the Denial Letter: Understand why your claim was denied and whether the insurer made an error in processing your claim.
• Gather Additional Evidence: You may need to obtain more medical records or other supporting documents to strengthen your case.
• File an Appeal: Under ERISA, you typically have 180 days from the date of the denial to appeal. Be sure to submit all required documentation, including any new evidence that might support your claim.
• Consult an Attorney: Given the complexity of ERISA claims, it’s advisable to consult with a disability attorney who specializes in ERISA cases. They can guide you through the appeal process and represent your interests.

How long does an ERISA disability appeal take in Illinois?

The timeline for an ERISA disability appeal in Illinois can vary, but you generally have 180 days to file your appeal after your initial claim is denied. Once your appeal is submitted:

• The insurance company has 45 days to make a decision, which can be extended by another 45 days if necessary.
• If the claim is not resolved within these timeframes, you may be able to file a lawsuit.
• It’s important to keep track of all deadlines and ensure your appeal is submitted properly, as any delays can significantly affect your case.