Do you live in Houston and have a problem
with your long term disability (LTD) claim?
It has become a common trend in the Houston area for long term disability insurance carriers to deny valid disability benefits claims.
According to Fortune 500 magazine, Houston has the second highest number of Fortune 500 companies in the country. Such a high number of large companies means hundreds of thousands of employees who receive benefits from group insurance, including long term disability. It has become a common trend for long term disability insurance carriers to deny valid disability benefits claims either initially or after paying for a year or two, asserting that the person’s condition has improved or that the definition of disability has changed. They argue that they are an employee disability benefits plan immune from state law and governed solely by federal law (ERISA), which is favorable to the insurance company. As a result, Houston residents who have experienced a disabling illness or personal injury often find that their future ability to provide for their families depends on navigating the complexities of federal law.
Because of the complexity of ERISA, very few lawyers, not only in Houston but in the entire state of Texas, will accept these types of cases.
If a Houston resident’s LTD plan is provided as an employee benefit or purchased as an employment related group plan, it is likely governed by ERISA. ERISA law is highly intricate and few attorneys in the entire state of Texas will handle 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 the Texas lawyers at Bemis, Roach & Reed have years of experience handling ERISA cases and have 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. When you consider an attorney to handle your long term disability claim, make sure he or she has considerable experience successfully navigating ERISA law. Ask how many ERISA long term disability cases he or she has handled and whether he or she has tried ERISA cases in Federal Court and the Court of Appeals and won.