Seeking Denied Disability Benefits
At our firm, we help those people who may have bought a private disability policy and are now facing a denial of coverage. After paying monthly premiums for years and years, they become disabled after suffering an injury or illness (such as cancer, broken bones, back injury, fibromyalgia, multiple sclerosis or depression) and are unable to work or perform their job. They make a claim for benefits and are denied because the insurance company claims they are not disabled, despite what a doctor states. They are left unable to work and without income. The insurance company can now be held liable for improperly withholding benefits.
Consequential and Punitive Damages
In addition to seeking unpaid disability benefits, an individual can also sue for consequential and punitive damages. Consequential damages are those that an insured individual incurs in addition to not receiving benefits. For example, as a “consequence” of not receiving benefits, a person will lose their home since they no longer can make mortgage payments. They no longer can pay bills, pay for prescriptions, pay child support and then may lose custody of their children.
Punitive damages are those that are court-ordered to punish the insurance company for their wrongdoing in order to create a disincentive for other insurance companies in the future from acting in a similar fashion.
« Return to the ERISA & Insurance Litigation Resource Center
- What is the Employee Retirement Income Security Act (ERISA)?
- Do You Have Disability Insurance Coverage?
- What Is a Social Security Offset?
- How Do You Learn More About Your Disability Insurance Coverage?
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