Forcing Residual Disability in a Total Disability Claim

New York Disability Insurance Claim Denial Attorney Representing Totally Disabled Insureds Who Have Been Forced Into Residual Disability Claims

Gisonni Law Firm understands how insured individuals are impacted by deceitful insurance company tactics. We pay into our insurance policies because we trust that if the time comes, we can rely on the policy to support us in our time of need. When that doesn’t happen, it is important for an individual to consider his or her legal options. If you are or have been a victim of an insurance company pushing you into a residual disability claim when you should be considered totally disabled, contact Gisonni Law Firm for a consultation today.

How a Policy’s Language Can Mean a World of Difference

A bad faith tactic employed by disability carriers is to treat a lifetime total disability claim as if it is a residual disability claim to shorten a disabled insured’s claim to age 65.  Some private individual disability policies offer a partial monthly benefit when a disabled person can still perform some work but sustains a loss of income because of his medical condition.  In own occupation disability policies that offer lifetime benefits, residual disability benefits are only payable to age 65.  So when the policy language states that an insured would be paid total disability benefits if he was unable to perform the material and substantial duties of his own occupation, disability carriers claim that if an insured could perform even one of his occupational duties, he is residually disabled, not totally disabled.  That is even though the insured’s medical condition prevents him from performing his own occupation altogether.

The irony in this unscrupulous pattern is evident.  Insureds pay more premiums to have residual disability clauses included in their policies.  Yet, the insurers use those clauses as a tactic to minimize disability benefits paid to you.

Contact Gisonni Law Firm

If you have made a lifetime total disability claim, but the insurance company is trying to shorten your claim by pushing you into a residual disability claim, you have rights and need effective legal support to help you push back.