Bemis, Roach and Reed Legal

Questions about long term disability insurance

It has become a common trend for long term disability insurance carriers to deny valid claims either initially or after paying for a year or two, claiming either that the person's condition has improved or that the definition of disability has changed.  While their actions would in the past have been considered bad faith insurance practices, the insurance companies contend that state bad faith insurance law does not apply to their activities.  They argue that they are an employee benefit plan immune from state law and are governed solely by federal law favorable to the insurance company.  As a result, individuals who have experienced a disabling illness or injury often find that their future ability to provide for their families depends on navigating the complexities of federal law.  The Employee Retirement Income Security Act of 1974, also known as ERISA, is the federal law which governs the majority of long term disability insurance policies in this country.  If the LTD plan is provided as an employee benefit or purchased as an employment-related group plan, it is probably governed by ERISA. 

HOW DO I FIND A LAWYER WHO HANDLES LONG TERM DISABILITY CLAIMS?

Because of the complexity of ERISA, very few lawyers will accept these types of cases.  Unfortunately, without experienced legal representation, few claimants will prevail when faced with the seemingly endless resources of the insurance companies.  The good news is that Bemis, Roach & Reed has years of experience handling ERISA cases, including cases in Houston and Dallas, and has amassed an impressive track record of winning these cases for our clients at both the Federal District Court level and in the Federal Court of Appeals.  Members of the firm have also written articles on the subject to guide other legal professionals.  

WHAT IF MY CLAIM HAS BEEN DENIED? 

If you have been denied long term disability benefits, Bemis, Roach & Reed offers a free consultation to determine if we can assist you in obtaining or reinstating those benefits.  When a claimant is denied, there is typically a 180-day period in which to submit an administrative appeal to the insurance company that denied the claim.  If this is not done, it may be impossible to later challenge the denial in court.  Once you receive a denial letter, you should not delay contacting us and setting up an appointment.  Cases have been won and lost depending on the quality of the administrative appeal.  In most cases, Bemis, Roach & Reed will complete the administrative appeal for you as part of our representation. Bemis, Roach & Reed has been successfully representing long term disability clients from Houston and other cities outside the Austin area. We can easily fight for the claims of Houston residents by working your case remotely, via phone, fax and e-mail. If you or someone you know is in need of a qualified disability benefits Texas attorney, call us toll free at (866) 433-4979. 

Our law firm's office is located in Austin, Texas; however, we represent individuals throughout the state of Texas, including San Antonio, Houston, Dallas, Fort Worth, El Paso, Galveston and Corpus Christi. We also have a nationwide long term disability and social security disability practice.

For more information regarding ERISA, please click on this link.