Long-Term Disability Insurance Claims

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Long-term disability (LTD) insurance is supposed to be a safety net. You pay premiums—sometimes for years—so that if illness or injury forces you off the job, a monthly benefit will replace much of your paycheck. It’s not just a policy. It’s the promise that your family will be financially secure when your health fails.

But too often, when policyholders file LTD claims, insurers delay, underpay, or outright deny them. Instead of receiving the benefits you’ve relied on, you’re suddenly buried in paperwork, facing endless medical reviews, or receiving a cold denial letter that questions the reality of your condition. For professionals, executives, and small business owners, the loss of LTD benefits is devastating—mortgages, bills, and family responsibilities don’t stop just because you can’t work.

At Timothy D. McGonigle, PC, we level the playing field. With over 40 years of litigation experience, Timothy has recovered millions of dollars in wrongfully withheld LTD benefits. Whether your claim is under an employer-sponsored ERISA plan or a private disability policy, we know the tactics insurers use—and how to fight back.


Why Policyholders Call Us First

Timothy’s practice is built on a simple promise: hands-on advocacy with proven results. From the day you hire us, we take over communication with the insurance company. No more stress over endless forms, phone calls, or unfair deadlines.

We gather the medical and vocational evidence insurers like to ignore: diagnostic tests, functional capacity evaluations, neurocognitive assessments, and sworn statements from treating physicians. We work with vocational experts to show exactly why you can’t perform the duties of your job—or any job your policy covers.

By building the strongest record possible, we put your insurer in a corner: either pay what’s owed, or face us in court.


How Insurers Justify Denials—and How We Respond

Insurance carriers have a playbook, and we know it well.

They claim there’s “no objective evidence” of pain, fatigue, or cognitive impairment.
They re-label an own-occupation policy as any-occupation to end benefits prematurely.
They comb through medical records to find minor inconsistencies.
They cite exclusions for “pre-existing conditions” that don’t apply.
They hire “independent” doctors to conduct biased paper reviews.

We counter with updated diagnostics, detailed physician statements, vocational analyses, and comprehensive appeals. For ERISA-governed policies, we build the administrative record strategically—because once you’re in federal court, that record is everything.


Who We Help

Our clients come from every profession and background:

  • Executives sidelined by chronic migraines.

  • Contractors with spinal injuries from years of heavy labor.

  • Teachers battling autoimmune flare-ups.

  • Professionals facing long recoveries from surgery.

  • Individuals with invisible conditions like chronic fatigue, fibromyalgia, or PTSD.

Visible or invisible, intermittent or permanent—if your condition compromises your ability to earn a living, your benefits should not disappear.


Our Five-Step Approach

  1. Policy & Denial Review – We conduct a clause-by-clause audit of your policy and the denial letter.

  2. Evidence Build-Out – We gather diagnostics, specialist opinions, and job-duty analyses.

  3. Appeal or Demand Package – We prepare a comprehensive brief that forces the carrier to address the facts.

  4. Negotiation or Mediation – We pursue reinstatement, back pay, interest, or a fair lump-sum buyout.

  5. Litigation When Necessary – If insurers refuse to act in good faith, we take them to state or federal court.


Don’t Wait—Deadlines Are Critical

LTD cases are filled with strict deadlines. For ERISA-governed plans, appeals are usually limited to 180 days from the denial letter. Miss that deadline, and you may lose the right to sue in federal court. Even private policies impose strict notice requirements.

The sooner we begin, the stronger your case will be.

👉 Contact our Los Angeles office today for a free, confidential consultation with a California long-term disability insurance lawyer. You pay nothing unless we recover benefits.

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Attorney Advertising (not directed at anyone currently represented by counsel) Timothy D. McGonigle, Esq., 1800 Century Park East, Suite 516, LA, CA 90067 

 

Frequently Asked Questions About Long-Term Disability Claims

Q1: What’s the difference between short-term and long-term disability insurance?
Short-term disability covers temporary conditions lasting weeks or months. Long-term disability (LTD) covers serious conditions that prevent you from working for years—or permanently.

Q2: What’s the difference between ERISA and private LTD policies?
ERISA governs most employer-sponsored policies, with strict deadlines and procedures. Private or individual policies provide more flexibility but are still subject to insurer scrutiny. We handle both.

Q3: Why was my LTD claim denied?
Common reasons include alleged lack of medical evidence, pre-existing conditions, missed deadlines, or disputes over whether you can perform “any occupation.” Many denials are wrongful.

Q4: Do LTD policies cover mental health conditions?
Yes, but many insurers limit benefits for mental health to two years. We challenge these restrictions when possible and ensure claims are fully documented.

Q5: How much of my income does LTD insurance replace?
Most policies cover 50–70% of pre-disability income. The exact percentage depends on your policy terms.

Q6: What if my insurer terminated benefits after paying for a while?
Carriers often cut off benefits after a few months or years, even if your condition has not improved. You may have grounds to appeal or sue.

Q7: Can I work part-time and still receive LTD benefits?
Some policies allow partial or residual benefits if you can work in a limited capacity. We review your policy to determine eligibility.

Q8: What if I missed my appeal deadline?
ERISA deadlines are strict. If you missed the 180-day appeal deadline, options are limited. Contact a lawyer immediately to explore any remaining remedies.

Q9: Will I have to go to court?
Not always. Many LTD claims are resolved at the appeal stage or through settlement. But if necessary, we are prepared to litigate in state or federal court.

Q10: How do I know if I have a strong LTD claim?
The best way is a consultation. We’ll review your policy, denial letter, and medical evidence to determine your best path forward.

To schedule an appointment with one of our attorneys, please call us at 1-800-713-5260 or by completing our intake form.

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