You bought your Standard disability insurance policy with the promise that Standard would be there for you and your family in your time of need, such as becoming disabled and unable to work. If you are facing issues with your disability policy, contact our Standard Insurance Disability Claims Lawyer today for assistance.
Based in Portland, Oregon, the Standard Insurance Company is known as the Standard. It is a subsidiary of StanCorp Financial Group which was purchased by Yasuda, a Japanese mutual insurance group in 2016 for 5 billion dollars.
The Standard provides disability life, dental, and vision insurance to 7.6 million employees nationwide from over 28,500 groups. It also provides both individual and group disability protection on a short and long term basis.
Make no mistake about it, Standard plays games with initial applications and makes endless and multiple requests for medical, financial, and vocational information before it figures out a way to deny benefits. This delay and denial strategy drains your bank accounts as you try to stay financially afloat.
Standard uses “liar for hire” doctors who give Standard the ammunition it needs to justify a claim’s denial or termination. Standard rarely tells a denied policyholder, like you, the real reasons the claim was denied. Worse yet, Standard fails to fully explain what you need to submit to successfully win an appeal. That’s why it is crucial that you be represented at both the initial application and appeal stages of a Standard claim by an experienced lawyer who battles Standard daily.
Some Standard policyholders make the mistake of going it alone and they pay dearly for doing it themselves.
Once the appeals process is exhausted (and that really means you are exhausted by the endless requests for information and battling with Standard), the only recourse is to file a lawsuit. If you purchased your insurance through your employer, the policy is most likely governed by the Employee Retirement Security Act or ERISA.
Despite its name, the ERISA statute and regulations are NOT policyholder friendly. You CANNOT add anything to the claims file after the last denial so all the Federal judge gets to see is what is in Standard’s file which is stuffed with medical and vocational opinions that are favorable to Standard. You didn’t know enough to get the claims file when you appealed, didn’t know enough to add medical, vocational, or lay evidence to the file, or didn’t make the right arguments, you have all but destroyed your case.
An appeal of a denied Standard claim is the trial of your case. Taking on a tough insurance company like Standard is an endeavor for a specialist. A federal judge will give Standard the benefit of the doubt because your Standard policy requires you to prove they are wrong and not the other way around. You owe it to yourself and your family to have an experienced disability attorney, like me, take on Standard. After all, this is about getting the disability benefits you deserve and you paid for.
Some policyholders have bought their own disability policy through an agent and that is known as an individual disability insurance policy. The game is the same but the playing field is more level because any claims denial can be challenged in state court which is a friendlier place to be if you have to sue Standard. Don’t think that Standard isn’t playing the claims delay, denial, or termination game with individual disability policies. They are, and the policy benefits at stake are high. There is much more to lose if you aren’t represented by an experienced disability attorney.
David Bryant and Megan Galor were disability attorneys who represented J. Kevin Garvey in his disability claim against his former employer Piper Rudnick and their long term disability carrier Standard Insurance Company. They had won a great decision in federal court, where the judge allowed them to take the deposition of Standard Insurance company representatives to learn more about Standards conflict of interest in denying Garvey his long term disability benefits.
District Court Judge Lefkowitz carefully considered the new Supreme Court decision in Metropolitan Life v. Glenn 128 Supreme Court 2343 (2008) and how that decision impacted the ability to take depositions in ERISA cases. Judge Lefkowitz ordered the Standard to produce its policy and procedures, financial information, and information regarding the consulting of physicians.
Disability claims attorney, Nancy Cavey, has also had similar experiences with The Standard’s habit of denying its policyholders’ long term disability claims, despite overwhelming evidence. If you were denied a disability claim to The Standard, consider contacting the Law Office of Nancy L. Cavey today to get the help you need.
The type of policy that you have will determine your rights and whether you are playing on a level playing field.
Individual Disability (ID) Insurance
The best, and also most expensive policy is the ID policy, a private individual disability policy. The policy terms and coverage are broader and more generous. However, that means a high monthly premium and a lot of financial exposure that Standard has if you become disabled. It isn’t uncommon for Standard to invoke a pre-existing exclusion or a medical condition policy rider right out of the box as a way to justify a denial of the claim from the beginning of the claim. That is just one reason why it is so important for a policyholder to contact me BEFORE they stop working and apply for benefits.
Let say, for example, you are a dentist with a policy that excludes all claims for disability as a result of carpal tunnel syndrome, but you now can’t work because of a herniated cervical disc. The symptoms of carpal tunnel syndrome can mimic those of a herniated cervical disc that causes tingling, numbness, and weakness of the hand. You can bet that Standard will be looking for a way to say that you are disabled as a result of carpal tunnel syndrome and not a herniated cervical disc. Do you know what your medical records say about your medical history, your carpal tunnel complaints, how your complaints are different because of the herniated cervical disc, or how they impact on your practice is different than your carpal tunnel symptoms?
Standard fights an individual disability claim as hard, if not harder, than an ERISA claim, and costly mistakes can be made at the initial application and appeal stages of a case.
Group Non-ERISA Disability Insurance
However, a group plan offered by a church plan, such as the Catholic Church, or by a municipal employer like the City of Baltimore, Baltimore County, or the State of Maryland is NOT generally covered by ERISA. The policy terms are much like those of an ERISA plan but there is one CRUCIAL difference. A claim’s denial or termination can be challenged in state court and new evidence can be submitted at trial. State law courts are a much friendlier place for a policyholder than Federal court. You are entitled to a jury trial in a state law claim and not some Federal judge just making a decision based on Standard’s file stuffed full of things that are unfavorable for you!
Group ERISA Disability Insurance
Standard offers disability policies through employers which are governed by ERISA. A Standard ERISA policy generally has the following:
Have questions about Standard Insurance disability claims? Here are some of the most frequently asked questions we get about Standard disability claims.
Will Standard Insurance Long-Term Disability Cover Someone with a Back Injury?
Long-term disability insurance is a form of income protection that covers serious injuries, illnesses, and medical conditions. As a general matter, the long-term disability policies offered by Standard Insurance provide coverage to qualifying workers who are kept off the job for a minimum of three months. Standard Insurance long-term disability insurance does cover back injuries. In fact, back pain is one of the most common reasons why people file for disability benefits.
At the same time, it is important to emphasize that back injury disability claims are notoriously complex. Large insurers like Standard Insurance are always looking for reasons to deny benefits and protect their own profits. Comprehensive medical evidence and a well-organized application will improve your chances of obtaining benefits for back pain or any related condition. If you have any specific questions about filing a long-term disability claim with Standard Insurance for a back injury, contact an experienced Florida attorney for help.
How Difficult is It to Work with Standard Insurance for Long-Term Disability?
Unfortunately, working with any large insurance company can be challenging. In that regard, Standard Insurance is not unique. Working with them is similar to working with other major carriers. Insurance companies are primarily driven by their own bottom line. They tend to review long-term disability claims with a skeptical eye and will deny benefits if they find any reason to do so. You cannot rely on an insurance company to look out for your best interests.
That being said, there are also plenty of examples of people who have had their disability benefits paid out by Standard Insurance without any real trouble. The best thing you can do is put together a strong, comprehensive application package. Of course, every situation is different. If you are having a hard time recovering benefits through Standard Insurance, please know that you are not alone. Professional help is available. Reach out to a long-term disability lawyer for guidance and support.
How Do I Apply for Standard Insurance Long-Term Disability Benefits?
To apply for long-term disability benefits through Standard Insurance, you must comply with all of the company’s filing requirements. To start, you can obtain the proper claims form through your employer or directly through the insurance company. Standard Insurance advises claimants to fill applicable sections of the form to avoid any delay in processing. Even a relatively modest mistake could result in the process grinding to a frustrating halt.
Generally speaking, applicants must submit an employee statement, employer statement, and physician statement to Standard Insurance. In other words, you will need proof of insurability and proof of disability. State and federal regulations require insurance companies like Standard Insurance to pay out long-term disability benefits without any unreasonable delay. If you have any specific questions about filing for long-term disability benefits or if your claim was already denied by the insurance company, contact an experienced Florida attorney for immediate assistance.
Standard Disability insurance lawyer, Nancy Cavey, represents Standard Disability income policyholders whose claims for short term and long-term disability benefits have been delayed, disputed, denied, and even terminated. You do not have to face the Standard alone. Contact our office today to set up a consultation regarding your case.
