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Disability Claims

Disability Claim

If you have disability through your employer, or through a private policy you have purchased, and you have been denied benefits, it can be an extremely stressful time. Dealing with your injury or illness is difficult enough without having to worry about how in the world you are going to pay the rent or mortgage payment next month.

If you have been denied long term disability benefits or your benefits have been cut off, it is very important that you speak with an attorney who specializes in this area of law before filing an appeal on your own. If you have to go to court, the information in your "appeal" letter to the insurance company might be all the Judge will be allowed to consider when deciding your case. Therefore, any written appeal to the long term disability insurance company should contain everything you need if you go in front of a Judge down the road. This should probably be done by an attorney with experience in these appeals.

If you are in the middle of this battle with the insurance company, call and speak with Attorney James Giffels for a free, no-risk consultation to learn what your rights are.

Can the insurance company deny my claim?

The insurance company does have a right to deny your claim if it does not fall within the coverage scope of the insurance contract or if you have not complied with your policy's terms. They may also deny benefits if they believe a claim to be fraudulent. However, many insurance companies find trivial reasons to deny or terminate benefits even if a claim is legitimate.

What is insurance bad faith?

"Bad faith" refers to the breach of trust that occurs when an insurance company refuses benefits to a policyholder with a compensable claim. Insurance bad faith occurs when an insurer engages in any of the following practices:

  • Unreasonable delay in paying a claim
  • Terminating or denying legitimate claims
  • Misrepresenting policy language
  • Failing to disclose benefits to policyholders
  • Forcing policyholders to sue them in order to receive benefits

Many insurance companies regularly engage in bad faith claims handling as a way to increase profitability.

Are there laws that protect me from unfair insurance denial?

The State of Michigan has a Department of Licensing and Regulatory Affairs which monitors the insurance industry. However, this department will not investigate individual claims. Also, there is no federal agency that will do such an investigation. Therefore, the only way to fight the insurance company in the vast majority of cases is to take them to court.

Insurance companies have an obligation to treat their policy holders fairly and individuals who have been unjustly denied insurance benefits may be entitled to compensation. If you have experienced a bad faith denial of your long term disability claim, you should speak to an attorney who is well-versed in dealing with these types of claims.

I can't work and my insurance company is refusing to pay me. What can I do?

At this point, you likely require legal assistance. A long term disability insurance claims attorney can help you protect your rights as a policyholder and put an end to the delay in paying your claim. The award you may receive may include damages for the company's bad faith in denying your insurance claim. 

I am out of work and have no income. How can I pay an attorney?

If you have a long term disability policy and you are disabled, Jim Giffels may represent you on a contingency basis. This means the attorney's fees would be paid out of the proceeds of any eventual settlement. This arrangement places you and your attorney in the same boat. If there is no recovery, you owe no attorney fees.


Call us now to get started(269) 381-4172