Long-Term Disability Benefits
New York and New Jersey Long-Term Disability Benefits Attorney
If you have been turned down for long-term disability benefits through a private or work-related insurance carrier or you are having difficulty documenting your claim, working with a lawyer can help you get the benefits you deserve. The Newark and Manhattan law offices of attorney Josephine Gottesman have years of experience representing claimants through the administrative appeals process. As required, we will exhaust the administrative appeal process and file in Federal court, if necessary.
Our law firm has concrete experience dealing with the Employee Retirement Income Security Act (ERISA). ERISA is helpful to disabled workers because, singly or in conjunction with the Americans with Disabilities Act (ADA), it can be used to prevent an employer from taking action against an employee to deprive that employee of benefits under the employee benefit plan. We can talk with you about how ERISA applies to you and your long-term disability benefits. Filing in Federal court can be complicated. Having the guidance of a skilled attorney such as Ms. Gottesman can be crucial. We conduct discovery including preparing you for deposition, fight motions to dismiss, and produce evidence in its proper form.
All Aspects of Your Long-Term Disability Case
Attorney Josephine Gottesman works with all of our law firm's clients individually to make sure that their cases are strong. Our firm helps prepare you for court. We work with your doctors to provide adequate and acceptable medical evidence. We also talk with people who know how your illness affects you on an everyday basis. These people may be able to testify on your behalf in court.
We also prepare our clients to deal with insurance carriers. Sometimes carriers conduct surveillance on policy holders. They have policy holders followed to try to disprove the truth of their disability claims. We can help you to know your legal rights in these situations. Further, when you are interviewed by a carrier, either over the phone or in person, having an attorney to prepare you can be beneficial to your case.
Can I Afford a Lawyer for my Long-Term Disability Appeal?
Many people who do not think they can afford a lawyer do not realize that Federal law provides for ultimate payment of the attorney fee by your insurance carrier. When you file a long-term disability claim in Federal court, ERISA provides for "fee shifting." This means that if you win, either by settlement or by verdict, the court can make your insurance carrier pay your legal fees.
Contact our Newark or Manhattan office at 973-286-3060 or toll free at 1-888-375-3060 to set up a confidential consultation. Any fee for the consultation will be applied towards the retainer if we take the case. Both offices are easily accessible by public transportation. By request, attorney Josephine Gottesman can also come talk with you in your home or a more convenient location.