Individual Disability Insurance

Protecting the Benefits You Are Entitled to Receive

Disability insurance protects your income in the event you become disabled and can no longer work. While many employers sponsor group disability benefits plans for their employees, some do not. Even if your employer offers a group disability benefits plan, it may only protect a portion of your income, such as 50% or 60% of your monthly earnings. If you are self-employed, work for an employer that does not offer disability coverage, or the coverage offered through your employer does not cover enough of your income, you can purchase individual disability insurance on your own.

Why Is Individual Disability Insurance Important?

Like many people, your income may be your most valuable asset. If you are injured or become ill and can no longer work, disability insurance protects your income. Individual disability insurance policies usually define disability as the inability to perform your own occupation, and may even relate to your particular occupational specialty. Individual disability insurance may also insure a portion of your income if you can perform some, but not all, of your regular job duties.

How Much Will You Receive From Individual Disability Insurance?

Unlike group disability plans that usually cover a percentage of your monthly income, most individual disability insurance policies provide a flat benefit amount based on your earnings. Distinct from group disability benefits, individual disability insurance benefits are usually not reduced by other benefits to which you may be entitled, such as Social Security disability benefits.

How Long Do Individual Disability Insurance Benefits Last?

Most disability benefit plans will pay benefits until you reach normal retirement age. In comparison to group disability benefits plans, some individual disability insurance policies will pay benefits for a longer duration, and sometimes even for your entire life, so long as you continue to remain disabled.

What Do You Need to Submit an Individual Disability Insurance Claim?

If you are thinking about submitting a claim for benefits under your individual disability insurance policy, you must be receiving treatment from a qualified medical or mental health provider. You will need to provide detailed information about how your injury or illness impacts your ability to work and carry on your daily activities. You will also need to produce a record of your treatment, medications, and restrictions and limitations.

Why Do Insurers Deny Individual Disability Insurance Claims?

There are many reasons why an insurance company may deny your claim for individual disability insurance benefits. The insurer may allege that you have not provided adequate proof of your disability or simply dispute that your injury or illness is severe enough to prevent you from working. Whatever reasons the insurance company provides to deny your claim, you have options. It is important that you consult with experienced legal counsel like the attorneys at DeBofsky Law.

Know Your Rights

Individual disability insurance protects you and your income in case of an injury or illness, and it can make up for the shortcomings of employer-sponsored group coverage. If you are considering filing a claim for disability benefits, or have already submitted a claim for disability benefits that was denied, you may need to consult with an experienced disability benefits attorney.

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What Are Your Legal Options if Your Individual Disability Insurance Claim Is Denied?

Individual disability insurance policies are governed by state law. If you have submitted a claim for disability benefits and it was denied, you will likely have the opportunity to submit an internal appeal to the insurance company. If your appeal is also denied, then you will be entitled to pursue further legal relief in court. Individual disability insurance disputes are pursued as a breach of contract claims in either state or federal court. State law also provides for bad faith damages, although bad faith insurance laws vary significantly from state to state.

Was Your Individual Disability Insurance Claim Denied?

If you have individual disability insurance, can no longer work, and are considering filing a claim for disability benefits, or you have already submitted a claim for disability benefits that was denied, you may need to consult with an attorney. The disability and bad faith attorneys at DeBofsky Law are here to help you protect the benefits you are entitled to receive. You have been paying premiums on your individual disability insurance policy for years, and we will ensure that the insurance company also lives up to its end of the bargain and pays the disability benefits you deserve.

“It’s a joy to have the process over and a favorable decision issued.”

“Mark – Thank you so much, to you and the team that worked on my case. It has taken me a little bit of time to believe the good news. It’s a joy to have the process over and a favorable decision issued. I am much appreciative of the work and guidance you provided. I felt reassured from our first phone call and more so each time I saw the effort and expertise you brought to my case. Thank you again!”

T. H. | Client

Learn More About Disability Benefits Law to Protect Your Rights

Reservation of Rights: Disability Insurance Claimant Guide

Reservation of Rights: Disability Insurance Claimant Guide

Applicants for disability insurance can often receive a mystifying response to their claim for benefits, an approval under a “reservation of rights.” After submitting a claim and providing a treating doctor’s certification of disability along with other medical evidence supporting a favorable claim determination, the expectation is that the claim will be approved. […]

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