Frequently Asked Questions About Fighting a Denied Long-Term Disability Claim
Question 1: Why are long-term disability claims so often denied?
Answer: Insurance companies frequently deny LTD claims for reasons such as “lack of objective medical evidence,” “failure to meet the policy’s definition of disability,” or administrative technicalities like missing deadlines. Many denials are driven by cost-saving motives. The attorneys at Robinson & Warncke understand these tactics and know how to build strong, evidence-based appeals that stand up to insurer scrutiny.
Question 2. What should I do immediately after my long-term disability claim is denied?
Answer: Do not give up or try to fix it alone. After a denial, you have a limited time to appeal—often just 180 days under ERISA law. Contact Robinson & Warncke right away. Our team reviews your denial letter, requests the full claim file from the insurer, and begins gathering medical and vocational evidence to strengthen your appeal before the deadline.
Question 3. Can I appeal my denied LTD claim myself?
Answer: While you legally can, it’s risky. The appeal is your only chance to submit new evidence under federal ERISA law. Once your appeal is denied, the record is closed—no new evidence can be added later in court. The experienced LTD attorneys at Robinson & Warncke make sure your appeal includes all necessary medical records, expert opinions, and legal arguments to maximize your chances of success.
Question 4. What laws govern long-term disability insurance claims?
Answer: Most employer-provided long-term disability policies are governed by a federal law called ERISA (the Employee Retirement Income Security Act). ERISA imposes strict deadlines and limits what evidence can be considered. Individual or private disability policies, on the other hand, fall under state insurance laws. The attorneys at Robinson & Warncke handle both ERISA and private disability cases across multiple states, ensuring your claim is pursued under the correct legal framework.
Question 5. What kind of evidence do I need to win my disability appeal?
Answer: A strong appeal includes:
- Detailed medical records from treating physicians
- Specialist evaluations and diagnostic test results
- Vocational expert reports explaining why you can’t perform your occupation
- Personal statements describing how your condition limits daily activities
Robinson & Warncke works closely with your doctors and independent experts to ensure your appeal file demonstrates clearly—and convincingly—that you meet your policy’s definition of disability.
Question 6. What happens if my appeal is denied again?
Answer: If the insurance company upholds the denial after your appeal, you may have the right to file a federal lawsuit under ERISA or a state court action for bad faith (if it’s a private policy). Robinson & Warncke has extensive experience litigating LTD denials in federal court, where we hold insurers accountable for unfair practices and fight for the benefits you earned.
Question 7. How long does it take to resolve a denied LTD claim?
Answer: The timeline varies depending on your insurer and whether your case goes to court. Administrative appeals typically take 3–6 months, while litigation can take longer. Robinson & Warncke prioritize efficiency and communication—keeping you informed at every stage while pushing for timely resolution.
Question 8. What if my insurance company says I can work in a different job?
Answer: Many policies switch from an “own occupation” standard to an “any occupation” standard after 24 months. Insurers often use this reasoning to terminate benefits, claiming you can perform some type of work. Robinson & Warncke challenge these claims by presenting detailed vocational analyses and medical opinions proving that no suitable job exists given your limitations, training, and experience.
Question 9. What does it cost to hire Robinson & Warncke for an LTD appeal?
Answer: We represent most long-term disability clients on a contingency fee basis, meaning you pay no attorney fees unless we win. There are no upfront costs, and consultations are confidential and free. Our firm believes every disabled professional deserves skilled legal help—without added financial strain.
Question 10. Why should I choose Robinson & Warncke over another firm?
Answer: For more than 25 years, Robinson & Warncke has focused almost exclusively on disability and insurance denial cases. Our attorneys combine in-depth ERISA knowledge with compassionate advocacy. We’ve helped countless professionals—doctors, engineers, executives, and others—recover benefits wrongfully denied by major insurers like Unum, Cigna, and Hartford. We know their tactics, and we know how to beat them.
Question 11. Can Robinson & Warncke help if I live outside Georgia?
Answer: Yes. While the firm is based in Atlanta, Robinson & Warncke handles ERISA-governed disability cases nationwide in federal courts. If your long-term disability claim was denied anywhere in the U.S., our attorneys can represent you through the appeal or litigation process with the same personalized care and skill we provide to our Georgia clients.
Question 12. How can I get started if my long-term disability claim was denied?
Answer: Getting help is simple—and time-sensitive. Contact Robinson & Warncke for a free, no-obligation consultation. We’ll review your denial letter, explain your rights, and outline a strategy tailored to your case. The sooner you act, the better your chances of success.