Individual Disability Policies
Individual disability policies (also known as �Own Occupation� policies) These policies are exempt from ERISA�s broad preemption. What this means for the policy holder is that she can file suit under state law for breach of contract, vexatious refusal to pay, emotional distress, and punitive damages, and she has the choice of a jury trial. These actions are not available under group policies subject to ERISA.
Most if not all �Own Occupation� policies are directed to the occupation at the time of the alleged onset. The policy owners of these individual disability policies need advice as to whether they hold an individual disability policy and when is the right time to terminate their employment due to disability. Questions as to the claims procedure and the handling and management of the claim is essential to a successful approval of the application.
The Law Office of Gregory A. Oliphant, P.C. has successfully handled and managed many individual disability policies for doctors, lawyers, and other professionals.
You need to make sure that your attorney has the expertise before choosing an attorney who has requisite experience to handle the tactics which will prevent your claim from being approved.
The Law Office of Gregory A. Oliphant, P.C., we know the tactics of delay, harassment, and the use of biased physicians employed by the insurer. Mr. Oliphant has personally handled the claims management, the appeals, and the litigation against these insurers.
Protect your rights and get the benefits you deserve!
- Free, no-obligation initial consultations
- Evening and weekend hours
- Home and hospital appointments, upon request
- Contingency fees - no recovery, no fee
If you need help filing a disability benefits claim, or if your claim has been denied, please contact the Law Office of Gregory A. Oliphant, today. |