Denial of Disability Benefits

Serving the New York City Area, including the Bronx, Staten Island, Queens, Brooklyn, and Manhattan

Long Term Disability Benefits, aside from Workers’ Compensation Benefits, are payable because the claimant had an insurance policy.  As a benefit of employment, some employers provide long term disability benefits to key employees.  These policies are governed by ERISA, a Federal Law that controls all employee benefits plans.  If an employee makes a claim for disability benefits under an ERISA governed long term disability policy and the employee is denied benefits it is imperative to demand an appeal.  Failure to demand an appeal may constitute a waiver of the employee’s right to sue the insurance company for a wrongful denial of benefits.

The law is quite different when it comes to private disability policies that have nothing to do with an employer benefit program. These are treated solely as contracts which are subject to the applicable contract law of the forum state.  Weiser & Associates, for many years, has represented claimants who have been wrongfully denied disability benefits from both ERISA insurance policies and private insurance policies.  In 2009, we recovered a substantial settlement for a key employee of an international bank who had been denied benefits under two separate long term disability policies.  The employee was disabled because of the progression of his diabetes which substantially affected his sight.

We have over the years represented claimants who have been denied benefits despite sustaining heart attacks, spinal fusions and a host of other disabling diseases and injuries. If you have been denied disability benefits, please contact Weiser & Associates today.