Why Choose CCK?
After helping clients successfully receive disability benefits for over 20 years, we know how to put together strong LTD claims and avoid pitfalls the disability insurance companies often use to deny or limit benefits.
Many claimants face challenges when seeking LTD benefits due to strict evidence requirements, deadlines, and more. CCK is prepared to handle all aspects of the long-term disability claims and appeals process. We have gone up against all the big-name insurers and know what they look for in a successful claim.
Meet Our Team
Mason Waring
Mason joined CCK in 2008 and is a Partner at the firm. Nationally, Mason represents claimants in ERISA and non-ERISA administrative appeals of denied benefits.
Leah Small
Leah joined CCK in September of 2016 an Associate Attorney in the firm’s litigation practice and now serves as a Supervising Attorney. Leah’s practice focuses on representing individuals in the application, appeal, and litigation of life, health, short-term disability and long-term disability insurance benefits under the Employee Retirement Income Security Act (ERISA) and under private insurance contracts.
How CCK Helps LTD Clients During Every Stage of the Claims and Appeals Process
1 For initial claims, CCK can:
- Complete and submit all documentation, including the claim forms
- Determine, collect, and submit all evidence, including medical records
- Act as a point of contact between clients and their insurers
- Track all filing deadlines
- Ensure that claims under group policies are compliant with ERISA
- And more
2 For the administrative appeal, CCK can:
- Review the denial letter issued by the insurance company
- Request and review the client’s claim file
- Collect and submit any necessary supplemental evidence
- Track appeal filing deadlines
- Draft and submit a comprehensive appeal on behalf of the client
- And more
3 During litigation, CCK can:
- Develop a thorough litigation strategy
- Represent our clients in court
- Advise our clients on all settlement offers
- And more
Frequently Asked Questions About LTD Claims
How are LTD cases different from other disability cases like Workers’ Compensation or Social Security Disability?
- The requirements a claimant needs to meet to receive LTD benefits, including the definition of disability, are governed by the terms of their specific LTD policy. Thismeans that different claimants will need to prove different things in order to receive benefits.
- Each LTD case requires an analysis of the applicable policy in order to determine what evidence needs to be submitted.
- LTD cases often require both medical and vocational evidence to be submitted.
What law applies to LTD benefit claims?
- Both state and federal law can apply
- If the claimant received their LTD insurance as an employment benefit, their claim is likely governed by the federal law known as the Employee Retirement Income Security Act (ERISA) and a benefit denial will be litigated in federal court.
- There are special rules and regulations that apply to ERISA-governed claims, and the court may give deference to the insurance company’s decision.
- If the claimant purchased their LTD insurance directly from the insurance company, their claim is likely governed by state law and a benefit denial will be litigated instate court.
Why is the administrative appeal such a critical stage in LTD claims?
- There is usually a limited time to appeal an LTD benefit denial. Appeals typically must be submitted within 180 days of the denial and if a claimant fails to appeal within the required time period, they will usually not be able to appeal later.
- If a claimant fails to appeal altogether or fails to appeal within the required time period, they will likely lose their rights to their LTD benefits, as completing the administrative appeal process is usually a prerequisite to filing suit in court.
- In ERISA-governed LTD claims, the administrative appeal is usually the claimant’s last opportunity to get evidence into the record. If the necessary evidence to prove their entitlement to benefits is not submitted during the administrative appeal, they will not be able to submit it later in court.