When an individual purchases a disability policy on their own, these polices are not covered by the federal statue, but rather provide the individual the benefit of filing a Breach of Contract and/or Bad Faith Claim against the insurance provider. In such circumstances, a person may be entitled to punitive damages along with getting their benefits reinstated.
Every insurance company has the obligation under the law, which is known as the duty of good faith and fair dealing, to review your claim fairly and provide you with the benefits rightfully owed under the policy. This means the insurance company should be protecting your interests, not working against them. However, this is not always the case.
In some cases, even a policy purchased through an employer may avoid ERISA regulations and restrictions. Individuals who purchase disability insurance to protect themselves in case they are no longer able to work, can find themselves being denied because insurance policies are often written in such a vague and ambiguous manner that insurance companies use this to deny a legitimate disability claim.
If you have been disabled and are unable to perform the functions of your job prior to becoming disabled then you may be entitled to disability benefits from the policy you purchased. Contact our office today to discuss protecting your rights and getting your benefits reinstated.