Short-Term Disability Lawyers
Insurance companies wrongly deny millions of dollars in short-term disability claims each year—and they usually get away with it. It isn’t right and it isn’t fair. You deserve an experienced short-term disability lawyer who knows how to assemble a winning case within the strict time limits available.
Your doctor said you were disabled. So why can’t you get your disability insurance claim approved?
Most short-term disability claim denials (and long-term disability claim denials) are the product of shoddy or even fraudulent claims handling. Have you received a letter that says “our nurse consultant has reviewed your records and finds that you are not disabled?” Having a nurse consultant review your claim and deny you your contractual benefits is wrong. You are entitled to a full and fair review of your short-term disability application, but a “nurse consultant review” is one strategy (of many) that insurance companies use to deny claims.
Disability insurance companies get away with denying countless completely valid short-term disability claims every year. Why? The insurance companies know that:
- Many claimants will simply “go away,” thinking that fighting an insurance company for short term disability benefits isn’t worth it.
- Some claimants will think that it hurts the employer to file a claim.
- Claimants often have a hard time finding an experienced disability insurance lawyer willing to take their case. (Short-term disability cases are often a lot of work, and the payouts are “too small.”)
- Even if you can get a disability attorney to take your case, many charge so much money that there will be little left for you.
It’s no wonder disability claimants find the situation so discouraging! Fortunately, you don’t have to go it alone if you’ve just been through a claims denial. Our disability insurance lawyers can help. But you need to act fast.
Be sure to visit the BenGlassLaw Long Term Disability Channel on YouTube.
Why work with our short-term disability lawyers?
Experience
We handle more disability insurance claims than any other firm in the region. And unlike most of our competitors, we regularly handle both short-term and long-term disability claims.
Leadership
Our work in disability law is recognized and respected across the nation. Disability attorneys come to us to learn our techniques and processes.
Ongoing Support
Many short-term disability claims eventually transition to long-term disability. Once you’re with us, we’ll continue to handle the insurance company for you going forward.
Most disability attorneys don’t touch short-term disability insurance claims, but we do. Let BenGlassLaw review your denial letter for free and help you get the short-term disability benefits you deserve.
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Short-term disability denied? Act quickly
As noted above, most long-term disability attorneys won’t take short-term disability cases because they’re “too small.” At BenGlassLaw, we know there is nothing small about being denied benefits.
We believe that you should never try to file a short-term disability insurance appeal without an experienced, ERISA-trained short-term disability attorney. This is a more complex area of law than Social Security Disability or worker’s compensation claims. Even worse, you typically only have 180 days (or less) to appeal your denial letter. After that, your claim may be extinguished.
Our office has developed a proprietary system for handling these short-term disability claims and, while each case is different, we have a great track record with our systems and procedures. There are no upfront attorney fees in short-term disability claims, and we only get paid if we win.
To get started, you can request a FREE denial letter review from BenGlassLaw. Just send us your short-term disability denial letter and we will do the rest.
Disability case results
Since 1995, BenGlassLaw has been helping sick, injured, and disabled workers fight unfair claim denials, get the benefits they paid for, and get their lives back on track. Whether you just need help with your short-term disability claim, or eventually need to file for long-term disability benefits, we can help with both. Here are some of our big wins:
$4.24 Million
Fairfax Circuit Court jury awards $4,240,000 in damages to woman critically injured in auto accident by drunk driver. Largest DUI punitive damages award in Virginia.
$3 Million
High earning salesperson with “stiff person syndrome” awarded $10,000 a month in disability benefits
$2 Million
The case was filed in the Circuit Court of Fairfax County but, because it occurred in Maryland, it involved the application of Maryland law. The Virginia court ruled, however, that Maryland’s “cap” on pain and suffering damages did not apply to this case.
$1.825 Million
Global HR Business Partner suffering from Rheumatoid Arthritis has long-term disability benefits restored after Hartford Insurance denies disability claim
$1.4 Million
After being injured in a car accident, a software engineer is awarded disability benefits on appeal after getting denied by the insurance company.
Short-term disability frequently asked questions
There’s no substitute for speaking in person with an experienced disability attorney about your situation. But if you’re still on the fence about speaking with a lawyer, or not quite sure about your options, feel free to review the FAQs below. You deserve real information and real answers about your legal case, and we love to provide free information to anyone who wants it.
When should I get legal advice about my short-term disability claim?
Ideally, you should consult with an attorney experienced in ERISA short-term disability claims before you file your claim. But if you’ve already submitted your claim and received a denial letter, please call us before attempting to handle your appeal on your own.
Under ERISA, you must exhaust your administrative appeals before you can file suit. But if you do eventually sue the disability insurance company, the court can only review the information already in the insurance company’s file.
EVERY time we’ve taken a case in which the client applied for disability insurance benefits and done the appeal on their own, the record that the court reviews lacks important information and documents that could have (and should have) been provided with the original claim.
Remember, the insurance company KNOWS that your review in court is limited. Do you think that the insurance company is going to fill the record with information favorable to you? We have never seen that happen!
What should I look for in a short-term disability attorney?
Your attorney should be experienced in litigating disability income insurance claims and, if your insurance is through your employer, that attorney should understand how ERISA impacts the case. Ask the right questions. Attorneys cannot simply “dabble” in ERISA!
If you have been denied short-term disability benefits, we will review that denial letter at no charge and suggest an appropriate course of action. After that first step, you may want to hire us to create an appeal for you depending on your particular circumstances.
We want you to know your rights and understand the insurance company tactics. And we also believe in adding value to people’s lives. If we truly feel that you can handle your appeal on your own, we’ll tell you.
How can BenGlassLaw help right now?
If you are thinking about filing for short-term disability benefits:
We should talk about that before you stop working. This is especially true if you are not a traditional W-2 employee, for example if you:
- Own a business
- Make money on commission
- Are a health care provider
- Are a C-Suite professional
This is why we offer paid consultations with our highly experienced disability attorneys. We will review your disability policy, talk about your medical issues and chat about your job or occupation. You will walk away from that call or meeting with a definite plan of action. If you pay us a consultation fee and later hire us to handle an appeal, your consulting fee is credited against any future fees that we earn.
If you are on claim and have questions, but we don’t currently represent you:
You have two choices:
- Have a short, free call with one of our non-attorney disability specialists. They are often able to get your questions answered about processes and procedures. They do not give legal advice.
- Schedule a paid consultation with Damon Miller or Ben Glass.
If your claim has been denied:
Send us your denial letter as soon as you get it. We will review it and give you a detailed strategy for moving forward. This service is free, but you must act promptly. The insurance company only gives you a limited time to appeal or their decision is permanent. Upload your denial letter securely here or email it directly to our team at disability@benglasslaw.com.
What information should you gather to appeal a short-term disability denial?
Before you and your attorney appeal an ERISA disability claim, you need to gather documents from:
Your employer. Often claims are denied because there is a dispute over whether you can perform your job duties with your disability. It is helpful to have a description of your job provided by your employer that you can review and compare to the description of your duties in your disability claim. “Sedentary” jobs are notorious for generating disability denials, but “sedentary” may not cover the full scope of your duties.
Your doctor. How your doctor interprets your disability and your ability to work is critical for your appeal. You probably already have your doctor’s support, but the insurance company may disregard or overlook your doctor’s input on your disabling condition.
Your disability insurance provider. Most people don’t know this, but you can and SHOULD request your claim file from your insurance company. You should know and understand why the insurance company denied you, and you will want to review their “evidence” about your claim. Bring this with you when you meet an attorney. It will help the attorney understand why you were really denied when reviewing your claim.