Disability Insurance

CLICK HERE TO SEE IF YOU QUALIFY FOR COMPENSATION 

Financial stability is one of the most important protections you can provide for yourself and your family. Disability insurance is meant to be that safety net—the coverage you rely on if illness or injury prevents you from working. Whether short-term or long-term, disability policies are designed to replace lost income, cover ongoing expenses, and ensure that life doesn’t fall apart when health becomes uncertain.

But too often, when individuals file claims, they discover that the promise of protection isn’t honored. Instead of support, they receive a denial letter. Insurance companies, despite collecting years of premium payments, frequently refuse to pay legitimate disability claims. The result is devastating—families left without income, medical bills piling up, and individuals forced into financial crisis at the very moment they need help the most.

At Timothy D. McGonigle, PC, we represent policyholders across California in disability insurance disputes. With over 40 years of litigation experience, Timothy has built a career fighting back against wrongful denials and bad faith practices by insurers. If your claim has been delayed, denied, or underpaid, we are here to protect your rights and recover the benefits you deserve.

---

What Disability Insurance Covers

Disability insurance is designed to provide financial support when illness or injury makes it impossible—or extremely difficult—to continue working. Policies vary, but typically cover:

• Short-Term Disability: Temporary benefits if you cannot work for weeks or months due to illness, injury, or recovery from surgery.
  

• Long-Term Disability: Benefits that may last for years, or until retirement age, if your condition prevents you from returning to work.
  

• Total Disability: Coverage for situations where you cannot perform the essential duties of your occupation.
  

• Partial or Residual Disability: Benefits when you can work in some capacity, but not at the level you did before.
  

For professionals, executives, and workers across all industries, disability insurance can mean the difference between security and financial collapse. But when insurers deny these benefits, the consequences are life-changing.

---

Why Disability Claims Are Denied

Insurance companies often deny disability claims—not because they are invalid, but because paying them cuts into profits. Common denial tactics include:

• Arguing that your condition is a pre-existing illness or injury.
  

• Claiming insufficient medical evidence or downplaying doctor’s reports.
  

• Misinterpreting ambiguous policy language to favor the insurer.
  

• Alleging application errors or technical discrepancies to rescind coverage.
  

• Conducting biased “independent” medical exams designed to minimize your disability.
  

These tactics are designed to frustrate policyholders into giving up. Timothy understands how insurers operate, and he knows how to dismantle these arguments in court.

---

Fighting Back Against Bad Faith

California law protects policyholders from insurance bad faith—the wrongful denial, delay, or underpayment of claims. When an insurer violates its duty of good faith and fair dealing, you may be entitled to more than just your policy benefits. Courts can award additional damages for emotional distress, attorney’s fees, and even punitive damages designed to punish insurance companies for their misconduct.

Timothy has spent decades holding insurers accountable for bad faith practices. He knows how to expose their tactics, bring in expert testimony, and push back against delay-and-deny strategies. His litigation experience levels the playing field, giving individuals the chance to stand up to corporations that hope to outlast them.

---

Take Control of Your Future

A denied disability claim doesn’t have to be the end of the road. With the right lawyer, you can fight back, recover the benefits you’ve earned, and restore your financial security.

👉 Contact our Los Angeles office today to schedule a confidential consultation with a California disability insurance lawyer. We’ll review your policy, analyze the denial, and build a strategy to secure the coverage you deserve.

CLICK HERE TO SEE IF YOU QUALIFY FOR COMPENSATION 

 

Frequently Asked Questions About Disability Insurance Disputes

Q1: What does disability insurance cover?
Disability insurance replaces a portion of your income if illness or injury prevents you from working. Depending on the policy, it may provide short-term benefits, long-term benefits, total disability coverage, or partial/residual coverage when you can only work in a limited capacity.

Q2: Why was my disability claim denied?
Common reasons include alleged pre-existing conditions, insufficient medical evidence, errors in the application, or policy exclusions. Insurers may also use biased medical exams or misinterpret policy terms to justify a denial.

Q3: What is “bad faith” in disability insurance?
Bad faith occurs when an insurer unreasonably denies, delays, or underpays a valid claim. In California, bad faith practices may entitle you to additional compensation beyond policy benefits, including punitive damages.

Q4: Can my insurer cancel my disability policy after I file a claim?
Sometimes insurers try to rescind coverage by citing minor errors in your application. California law prohibits wrongful rescissions, and a lawyer can challenge these tactics in court.

Q5: How do I prove I am disabled?
Medical records, doctor statements, and employment records are crucial. Independent evaluations may also help. Our firm works with medical and vocational experts to strengthen claims.

Q6: Does disability insurance cover mental health conditions?
Yes, many policies cover disabling mental health conditions such as depression, PTSD, or anxiety. However, insurers often challenge these claims more aggressively, making experienced legal representation essential.

Q7: What if my insurer requires an “independent medical exam”?
These exams are often designed to favor the insurer. You have the right to challenge biased findings and provide your own medical evidence.

Q8: How long do I have to appeal a denied disability claim?
Appeal deadlines vary by policy but are often short—sometimes as little as 60–180 days. Missing deadlines can jeopardize your rights, so it’s important to act quickly.

Q9: Do I need a lawyer to appeal a denial?
While you can appeal on your own, insurers take claims more seriously when an attorney is involved. A lawyer ensures deadlines are met, evidence is strong, and arguments are strategically presented.

Q10: What damages can I recover if my claim was denied in bad faith?
You may recover unpaid benefits, interest, attorney’s fees, compensation for emotional distress, and in some cases, punitive damages against the insurer.

Q11: Will hiring a lawyer make my insurer retaliate?
No. California law protects policyholders from retaliation. In fact, insurers are more likely to negotiate fairly once they know you have skilled representation.

Q12: How do I know if I have a strong case?
The best step is a consultation. We’ll review your policy, denial letter, and medical records to determine whether you have grounds for appeal, litigation, or a bad faith claim.