Best Consumer Protection Lawyers in Chicago, IL

An experienced attorney can help identify what went wrong with the claim and can help compile additional evidence necessary to perfect your appeal. An experienced attorney is best equipped to present all of the necessary evidence and will make the type of compelling arguments that are necessary in order for the claim decision to be overturned. Even if the appeal is unsuccessful, an attorney-drafted appeal letter will best prepare the claim to go into litigation, if necessary. Denial letters are often written in vague terms, and it may not be immediately apparent what additional evidence is needed to perfect your appeal. Even if the insurer or plan administrator is clear about what additional evidence is needed, it may reject that evidence, once provided, based on new evidence or rationales. The attorneys at DeBofsky have handled thousands of such appeals and can decipher the meaning of vague or obtuse denial letters based on their extensive experience. That institutional knowledge also helps the attorneys at DeBofsky spot issues and anticipate problems to avoid future denials.

You have the right to take your case to court. If your case is governed by the ERISA law, your case will likely be decided in federal court. The attorneys at DeBofsky have extensive experience litigating cases across the country at both the trial and appellate court level.

Generally, yes. Unless the disability plan specifically states that receipt of short-term disability benefits is a prerequisite to applying for long-term disability benefits (and most do not), the plan administrator should conduct an independent investigation as to whether you qualify for long-term disability benefits. Although it may seem counterintuitive, if you intend to remain out of work beyond the short-term disability benefits period, you should apply for long-term disability benefits, even if your short-term disability claim was denied, because failure to do so could preclude you from suing to recover long-term disability benefits later.

Under the Social Security Act, benefits may not be garnished, nor can a lien be placed on your benefits except in certain circumstances. To circumvent that law, disability plans characterize their lien as a lien over the long-term disability benefits that have been overpaid by virtue of the Social Security disability award. However, that overlooks the reality that by the time Social Security disability benefits are awarded, most claimants have spent the entirety of the overpaid long-term disability benefits on necessities such as food, clothing, and rent. If the only assets on hand are Social Security benefits, the insurance company usually cannot sue you to recoup those payments. Nonetheless, a disability insurer has the right to withhold future long-term disability payments to satisfy an overpayment.

Probably not. Many disability insurance companies employ staff or utilize vendors to conduct interviews with their insureds, but the interviews do not have to be conducted at your home. You can request to meet at a neutral location such as a public library or coffee shop. In many instances, you can even decline a meeting if your disability benefit policy/plan does not mandate that you meet with insurance company representatives (although doing so may result in increased scrutiny of your claim). If you are contacted by your disability insurance company or plan administrator for a meeting with a field representative, we strongly advise you contact an attorney who may wish to schedule the meeting at a law office and protect you against improper intrusive questioning.