Yes. ERISA lawyers can deal with your insurance company for you.
We stop the insurance company’s upsetting phone calls and relentless letters.
One of the first actions that we take for our clients is to stop the insurance company from bothering them with upsetting phone calls and relentless letters. We instruct the insurance company to direct all communications through us. We handle the insurance company so that our clients can focus on their health.
We identify, track, and meet critical claim deadlines.
We identify, track, and meet our clients’ deadlines. Failure to meet a key deadline could result in the denial of benefits and complete loss of rights. We review the Plan governing documents, policy, and the letters from the insurance company as a starting point for identifying the deadlines that apply to the claim.
Sometimes the deadlines are not clear or could arguably run before you have completed the administrative appeal process with the insurance company. For example, if the plan includes a contractual limitation period (providing the time limit to file a lawsuit in court), in some cases, it can arguably run before a claimant completes their appeal or otherwise exhausts administrative remedies. See Heimeshoff v. Hartford Life & Acc. Ins. Co., 134 S. Ct. 604, 610 (2013) (“Absent a controlling statute to the contrary, a participant and a plan may agree by contract to a particular limitations period, even one that starts to run before the cause of action accrues, as long as the period is reasonable.”)
It may be appropriate to work out a tolling agreement with the plan administrator or insurer to stop the contractual limitation period from running. In some instances, the Plan or policy may not contain a contractual limitation period, and we need to look to the applicable state law statute of limitations. In any event, these issues can be complex and require careful analysis. At CCK, we shoulder this burden for our clients and protect their rights.
We protect our clients’ interests when the insurance company will not.
Your LTD coverage should protect you from unforeseen events like a long-term illness or injury. In fact, if you are a claimant under an ERISA governed LTD policy, the insurance company has a fiduciary duty to act in your best interest. See ERISA 29 U.S.C. § 1104 (“a fiduciary shall discharge his duties with respect to a plan solely in the interest of the participants and beneficiaries and– (A) for the exclusive purpose of: (i) providing benefits to participants and their beneficiaries; and (ii) defraying reasonable expenses of administering the plan”).
Even insurers of non-ERISA governed policies owe a duty of good faith and fair dealing to insureds in some states.
Unfortunately, your insurance company might be primarily interested in protecting its bottom line and might take advantage of you to save money. At CCK, we know what the law requires of insurance companies and how to hold them accountable. Contact us now to see if we can fight the insurance company for you. The attorneys at Chisholm Chisholm & Kilpatrick LTD have years of experience taking on powerful insurance companies and can step in to handle every aspect of your claim for benefits.
We understand the complex policy terms that insurance companies use to deny claims.
Insurance policies often use complex terms, conditions, and exclusions that are difficult to understand. It is important that your attorney understand your coverage to give you the best chance of winning your appeal. CCK’s attorneys have reviewed countless insurance policies and are well-aware of the loopholes insurers use to avoid paying out claims. We can make sense of your policy and refute your insurer’s wrongful reasons for denying your benefits.
We use our knowledge and experience to appeal wrongful benefit denials.
Our dedicated team of professionals have a deep understanding of ERISA, insurance policies, and legal procedures. We scrutinize the insurance company’s benefit denial under the law, policy rules, and the evidence. We develop a plan for each client’s case. We gather medical evidence and work with treating doctors and medical and vocational experts as needed. We also write and file the appeals. In appropriate cases, we are ready to take insurance companies to state or federal court if they unreasonably deny benefits.
Call now for a free consultation to see if CCK can assist you: 401-331-6300.
The ERISA attorneys at Chisholm Chisholm & Kilpatrick LTD understand the complexities of ERISA cases and are able to take on the powerful insurance companies. They may be able to handle your LTD appeal on a contingency basis, with no upfront cost to you.« Return to the ERISA & Insurance Litigation Resource Center
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