Question 1

What should I do if my disability claim is denied?

Accepted Answer

If your disability claim is denied, it’s crucial not to miss the deadline to appeal, which is often very strict (typically 180 days for ERISA claims). First, request a complete copy of your claim file from the insurance company. This file contains all the evidence they used to make their decision. Do not just write a simple letter to appeal; this is your most important chance to build the record. Before you submit anything, contact us. An experienced disability law firm can review the denial letter and your file, identify the insurer's weaknesses, and help you gather the necessary medical and vocational evidence to build the strongest possible appeal.

Question 2

How do I know if I have a disability insurance case?

Accepted Answer

You may have a strong case if: 1) You have a disability insurance policy (either through your employer or purchased privately). 2) You have a medical condition that prevents you from performing the duties of your job. 3) Your claim for benefits has been unfairly denied or terminated by the insurance company. Even if you're just starting the process and are worried about a denial, getting legal advice early can be beneficial. Contact us for a free case review of your situation.

Question 3

What kind of benefits can I recover?

Accepted Answer

The primary goal is to get your rightful benefits paid. This could mean: 1) Reinstatement of Monthly Benefits: Forcing the insurer to approve your claim and start paying the monthly benefits you are owed. 2) Payment of Back Benefits: Recovering all the monthly payments you missed from the time of the wrongful denial to the present. 3) Lump-Sum Settlement: In some cases, it may be possible to negotiate a one-time, lump-sum buyout of your future disability benefits. An attorney from our firm will evaluate all options to maximize your financial recovery.

Question 4

How long do I have to file an appeal or lawsuit?

Accepted Answer

The time limit, or 'statute of limitations,' is one of the most critical aspects of a disability claim. For employer-sponsored plans under ERISA, you typically have only 180 days from receiving a denial letter to file your administrative appeal. If that appeal is denied, the time limit to file a lawsuit varies by state and the specific policy language. Missing these deadlines can permanently bar you from recovering benefits. It is vital to act quickly and consult an attorney as soon as your claim is denied.

Question 5

Will I have to go to court for my disability claim?

Accepted Answer

Probably not. Most disability claims are resolved without going to a full trial. Many cases are won at the administrative appeal level. If a lawsuit is necessary, it is often resolved through negotiation, mediation, or a settlement. For ERISA cases specifically, there is usually no trial with live witnesses; instead, a judge reviews the claim file and legal arguments from both sides. Our attorneys prepare every case as if it will go to court, which puts us in a strong position to negotiate a favorable outcome for you.

Question 6

How much does it cost to use Westwise for my disability claim?

Accepted Answer

There are zero upfront costs. Our attorneys handle disability insurance cases on a contingency fee basis. This means you pay no attorney's fees unless and until they win your case and recover benefits for you. The fee is a percentage of the benefits recovered, so there is no financial risk to you to get the expert legal help you need.

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Award-Winning Disability Accident Lawyers

Cases we help with

Long-Term Disability (LTD) Claims

Short-Term Disability (STD) Claims

ERISA Disability Claims

Private Policy Claims

Bad Faith Insurance Denials

Social Security Disability (SSDI/SSI)

Common types of disabling conditions

Musculoskeletal Disorders

Mental Health Conditions

Neurological Disorders

Cancer

Cardiovascular Conditions

Chronic Illnesses

Questions and Answers

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