Dallas Disability Insurance Lawyer

Ready to Help You Obtain Long-Term Disability Benefits in Texas

For long-term disability claims in Dallas, Dabdoub Law Firm is here to lend an experienced hand. We founded our firm with the intention of tackling long-term disability benefits for claimants in need. This is all we do, day in and day out.

Thanks to our sole focus on disability insurance laws, cases, and claims, our team of Dallas disability insurance attorneys have dealt with essentially every major insurance company that sells policies in Texas. With familiarity like ours in your corner, you can rest easy knowing your case is in good hands. We can help you file a disability claim, appeal a denial, negotiate for a settlement, or take your case to litigation.

Call (800) 969-0488 to learn more about Dabdoub Law Firm.

Dallas Long-Term Disability Insurance Claims

Like so many cities in the United States, Dallas sees the majority of its residents getting disability insurance coverage from their employers. Dallas is a city known by people the globe over, and so major companies have placed their headquarters or auxiliary locations in the city. A few of the largest employers in Dallas are Bank of America Corporation, Texas Health Resources Inc., AT&T, Lockheed Martin Aeronautics, and AMR Corporation, who owns and operates American Airlines.

The large employers aforementioned and many more generally provide disability insurance coverage to their employees through group insurance plans. If you are employed by a company in Dallas, you may have policy coverage provided by Hartford, CIGNA, or Prudential, for example. Furthermore, ERISA law set by a federal statute governs most group insurance policies, meaning the regulations apply across all states, not just in Texas.

If you are not provided insurance through your employer in Dallas, then you may have purchased a private insurance plan individually from an insurance provider. This is typical for people who work as specialists or entrepreneurs, like doctors, lawyers, and business owners. Some insurance companies that may offer you an individualized insurance plan with added benefits for being paid privately include Principal Financial and MetLife.

When a disability insurance claim is filed in Dallas, it will likely go to federal court. District Courts in Texas at part of the Firth Circuit Court of Appeals, which is not known to be friendly towards ERISA disability claimants.

Dabdoub Law Firm has seen every type of strategy used by insurance companies that want to save money, not help policyholders. Some companies use independent medical examinations, known as IME, to deny or terminate benefits. Others delay the approval process by constantly requesting the same information over and again or claiming the requested information was never received. Disability insurance companies are also known to conduct surveillance in hopes of catching the claimant doing something that contradicts his or her disability.

Our Disability Attorneys Can Help You

Disability insurance law is complex. Hiring an experienced disability attorney is important. All disability lawyers from Dabdoub Law Firm focus on disability insurance claims, giving us significant experience with every major disability insurance company.

Our Dallas disability insurance attorneys can help at any stage of your disability insurance claim, including:

• Submitting a disability insurance claim
• Appealing a long-term disability denial
• Negotiating a lump-sum settlement
• Filing a lawsuit against your disability insurance company

Because federal law applies to most disability insurance claims, our lawyers are able to represent clients across the country. No matter where you live in Dallas, Texas, or beyond, we can be there for you.

Call (800) 969-0488 to speak with an experienced disability attorney. Consultations are always free.

FAQs About Disability Insurance Claims in Dallas, TX

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

The primary difference between long-term disability insurance and short-term disability insurance lies in the duration of coverage and the conditions for qualification. Short-term disability insurance typically provides benefits for a limited period, ranging from a few weeks to six months, and usually begins shortly after the disability occurs. It helps cover a portion of your income during this temporary period of incapacity. Long-term disability insurance, on the other hand, is designed to provide coverage for a more extended period, sometimes until you reach retirement age, in cases where your disability is prolonged and you can no longer work. While short-term disability policies often have a shorter waiting period (7-14 days), long-term disability policies usually require a longer waiting period (typically 90 days or more) before benefits start.

What are the eligibility requirements for long-term and short-term disability benefits in Dallas?

Eligibility for long-term and short-term disability benefits depends on your specific policy. For short-term disability, you typically need to be unable to work due to illness or injury, and the condition must last for a period defined in the policy. Long-term disability eligibility generally requires that your disability be more severe, lasting beyond the short-term disability coverage period (e.g., after 90 days). Some policies may require you to prove that you are unable to perform the duties of your own occupation or any occupation, depending on the terms. It's important to review your policy to understand what conditions and exclusions may apply.

What is ERISA, and how does it affect my long-term disability claim in Dallas?

ERISA (Employee Retirement Income Security Act of 1974) is a federal law that governs most employer-sponsored benefit plans, including disability insurance. If your long-term or short-term disability benefits are provided through your employer, it is likely governed by ERISA. This law sets out guidelines for how disability claims must be handled, but it also limits your options for appeal and litigation. ERISA claims are often complex because they do not allow for a jury trial in court; instead, decisions are made based on the administrative record. If your claim is denied, you must go through a specific appeals process outlined by ERISA before filing a lawsuit. Due to the complexity, it’s advisable to work with an attorney experienced in ERISA law.

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

If your long-term disability claim is denied under ERISA, you have the right to appeal the decision. The appeals process typically involves submitting additional evidence and documentation to support your case. ERISA requires that the insurance company provide a “full and fair review,” but it is important to be aware of strict deadlines for filing an appeal (often 180 days from the denial). During this process, it’s crucial to gather any new medical evidence, such as updated doctor reports, to strengthen your case. It is highly recommended to consult an attorney who specializes in ERISA claims to guide you through the appeals process.

How does ERISA affect my ability to sue for long-term disability benefits in Dallas?

ERISA limits the ability to sue an insurance company for long-term disability benefits. If your claim is denied, you must first go through the administrative appeal process before you can file a lawsuit. Even after exhausting the appeal process, lawsuits under ERISA are typically filed in federal court, and the court can only review the documents that were part of the administrative record during the claims process. You cannot introduce new evidence in court. This makes it critical to ensure that your appeal is as thorough as possible, as it is essentially your one chance to present your case.

Can I work while receiving short-term or long-term disability benefits?

Both short-term and long-term disability insurance policies may allow for some form of partial benefits if you are able to return to work part-time, but the rules can vary by policy. Short-term disability benefits typically provide partial compensation if you work in a limited capacity during your recovery. For long-term disability, some policies may allow for a "Residual Disability" or "Partial Disability" benefit if you can still work but not at full capacity. It is essential to understand the specific terms of your policy, as working while on disability benefits may reduce or eliminate your benefits, depending on your earnings and the nature of your disability.

What happens if my short-term disability benefits run out and I’m still unable to work?

If your short-term disability benefits end and you are still unable to work, you may be able to transition to long-term disability benefits, provided you meet the qualifications under your long-term disability policy. In many cases, long-term disability benefits begin once short-term disability coverage has been exhausted, but there is usually a waiting period (commonly 90 days) before long-term disability benefits kick in. You may need to provide updated medical documentation to show that your disability is ongoing and severe enough to qualify for long-term coverage.

Can I apply for both Social Security Disability Insurance and long-term disability benefits at the same time in Dallas?

Yes, you can apply for both Social Security Disability Insurance (SSDI) and long-term disability benefits at the same time. Many people apply for Social Security disability benefits while receiving long-term disability benefits, as long-term disability insurers typically require you to apply for Social Security benefits as part of their terms. If you are awarded Social Security disability benefits, your long-term disability insurer may offset your benefits, reducing the amount of your long-term disability payout. It is important to understand how both programs interact and how your long-term disability insurer may handle the coordination of benefits.

What happens if I’m denied long-term disability benefits and my appeal is unsuccessful?

If your long-term disability claim is denied and the appeal is unsuccessful, your only option to continue seeking benefits is to file a lawsuit in federal court. This is a crucial step, as the court will review the administrative record, and no new evidence can be introduced. ERISA lawsuits are complex, so it’s essential to work with an attorney who specializes in ERISA litigation to maximize your chances of success.