Focus On Your Health, Not The Details Of Your Disability Claim
When you need guidance about your short-term or long-term disability claim, our insurance attorneys are here to help.
Trusted by Medical Providers and Professionals
We work hard to earn our clients’ trust. Simply put, they are our top priority—and we never represent insurance companies. When you work with Bryant Legal Group, you will get the time, education, and deep industry insight that you deserve.
Our Practice Areas
Our Chicago-based legal team helps professionals across Illinois with their insurance-related claims and disputes.
Hear From Our Clients
I can’t thank David and Jennifer enough for going the extra mile to get Guardian to pay my claim, regardless of the fact that my type of claim, although very legitimate, was difficult to gain coverage. They are my heroes for not giving up. I’m very thankful for both of them and their staff.
Meet Our Chicago Disability Insurance Attorneys
When you work with Bryant Legal Group, you will benefit from a team of respected legal and medical professionals. Besides being skilled advocates, our team frequently publishes and presents their insights at a national level.
Do You Have Questions About Your Disability Insurance Claim?
Our Settlements and Verdicts
Our experienced team has helped professionals across Chicago and Illinois recover millions in unpaid benefits and compensation. Bryant Legal Group takes a practical approach, focusing on your needs
After our client’s disability insurance benefits were improperly terminated, we negotiated a $1.6 million settlement for him.
Our medical practice team recovered $500,000 for a physician group when an insurer failed to properly reimburse them for their services.
We collected $440,000 in unpaid disability insurance benefits for our client and got her LTD benefits reinstated by proving she was disabled from any occupation.
Our Recent Articles
Does Cancer Qualify for Long-Term Disability? A Claimant’s Guide
Are Migraines a Disability? Getting Long-Term Disability for Migraines
Can I Get Disability for Essential Tremors? A Claimant’s Guide
Frequently Asked Questions
Perhaps — but it depends on the details of your insurance plan.
Many plans exclude all disabilities caused by pre-existing conditions if the claim is filed within a specific period of time running from when coverage became effective (i.e., a pre-existing condition exclusion may apply to claims filed due to a pre-existing condition within the first two years following coverage).
If you are beyond that time period and are filing due to a pre-existing condition, it is important to consult with our Chicago disability claim attorneys because the insurer may still try to conduct a pre-existing condition review and deny your claim.
Short-term disability coverage and long-term disability coverage are related, though it’s not necessarily the case that policyholders have access to both forms of coverage.
- Short-term disability insurance coverage is a temporary wage replacement that usually lasts for 26 weeks or 180 days after the occurrence of a disability.
- Waiting periods tend to be short (in some cases, 7 days).
- By contrast, long-term disability insurance usually has a minimum period of coverage that lasts for 24 months, and in some cases, may last until full retirement age.
Short-term disability insurance and long-term disability insurance are often packaged together, in which case the short-term disability insurance coverage will transition naturally into long-term disability insurance coverage, assuming that you still qualify as disabled at the time. It’s worth noting, however, that the conditions for qualification (i.e., own occupation vs. any occupation standard) may change.
You can — and likely should — challenge the insurer’s denial of your disability claim, so long as the claim is otherwise legitimate.
In Illinois (and in other jurisdictions), whenever there is genuine ambiguity in the language of an insurance exclusion clause, the courts are required to strictly construe that ambiguity in favor of the policyholder. Given the fact that courts strictly construe ambiguity in favor of the policyholder and against the interests of the insurer, your insurer is likely to argue that there is no ambiguity.
That being the case, it’s important to work with one of our Chicago disability claim lawyers who has experience handling such disputes — they will have to gather and introduce outside evidence that can be used to support your “ambiguity” argument.
Bryant Legal Group’s disability attorneys take a proactive approach to insurance claims. We help professionals at every stage of their journey:
- Evaluating their coverage and identifying possible issues with the policy’s language before they need to file a claim
- Guiding clients through the disability insurance application process
- Negotiating with the insurance companies
- Filing appeals with the insurer, state, or federal court
The Employee Retirement Income Security Act (ERISA) was established in the 1970s with the intention for providing additional protections to benefits plan participants from the misconduct of Plan Administrators, among others. In the context of today’s insurance disputes, however, ERISA coverage may ultimately give policyholders fewer protections than non-ERISA plans.
- ERISA regulation covers employer-sponsored insurance plans that are specifically related to employee benefits, such as employer-sponsored disability and health insurance coverage.
- If you have an insurance dispute that arises out of an ERISA-covered plan, your claims will be subject to federal law — not Illinois state law.
- Federal ERISA rules limit your ability to secure damages for bad faith, special damages, emotional distress, and more.
ERISA application may not always be a negative, however. ERISA plan participants in some circuit courts can have the denial of their benefits claims evaluated under the de novo standard, which means that the court will not defer to the factual determinations of the Plan Administrator. Instead, the denial of benefits will be considered with a “blank slate,” given the evidence.
Whether you are entitled to receive partial benefits — generally referred to as residual benefits — is dependent on the coverage that you purchased. Residual benefits are not always automatically included in private disability insurance policies and tend to be offered as a supplementary rider. If you do not purchase supplementary “residual benefits” coverage, then you may not be eligible for residual benefits.
In any case, if your plan does include some provision for residual benefits, then you may be entitled to receive a portion of your total disability benefits in circumstances where you have not been rendered “fully disabled” but have still had your ability to work and earn impacted by your condition.
Contact Bryant Legal Group
Get the answers and insight you deserve. Our experienced disability insurance lawyers can evaluate your claim and help you understand all your legal options.