Private Disability Insurance Appeals
The attorneys at Reitan Law Office have extensive experience fighting private insurance carriers who wrongfully deny insured individuals Long-Term Disability, Short-Term Disability, and other private disability benefits. We would be happy to meet with you, without fee or obligation, to discuss your Disability Insurance Appeal or claim.
Private Disability Insurance Versus ERISA Group Plans
When you file a disability claim, the type of policy held directly affects your legal options. An individual disability insurance claim attorney will first determine whether the coverage comes from a private policy or an employer-sponsored Employee Retirement Income Security Act (ERISA) plan. This difference matters because the rules, remedies and level of protection differ.
Private policies are treated as standard contracts under state law, which gives claimants stronger leverage. A private disability insurance lawyer can pursue broader legal remedies that are simply not available under ERISA. These advantages include:
- The ability to file a bad faith claim if the insurer acts unfairly or unreasonably
- Access to punitive damages and compensation for emotional distress
- Full discovery rights, including depositions and expert testimony
- The opportunity to introduce new evidence beyond the insurer’s internal file
These protections allow us to build a more aggressive and flexible case strategy. In contrast, ERISA claims are limited, often restricting claimants to the existing administrative record and giving them fewer opportunities to challenge the insurer’s decisions.
Common Tactics Insurers Use To Deny Individual Claims
Insurance companies rely on calculated strategies to deny or delay valid claims. Some of the most common tactics include:
- Conducting paper-only medical reviews without examining the claimant
- Monitoring social media or using surveillance to question credibility
- Misrepresenting job duties to weaken “own occupation” claims
- Scheduling informal field interviews designed to gather damaging statements
- Overloading claimants with excessive document requests
- Delaying decisions to create financial pressure
These tactics are designed to reduce payouts and protect the insurer’s bottom line. With the support of our experienced individual disability insurance claim attorney, you can anticipate these moves and respond with clear, well-documented evidence that strengthens your position.
If Reitan Law Office represents you in your Private Disability Insurance Appeal or claim, there is no charge for attorney fees unless you recover.
Reitan Law Office offers a Free Initial Consultation to discuss your claim and have your questions answered. Please feel free to contact us if you would like to meet with an attorney to discuss your claim without obligation.