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The federal statute known as ERISA shields insurance companies from liability. However, there is some progress being made. Some 26 states at this point in time have passed legislation that disallows the discretion that’s given to insurance companies in deciding these claims. In the future, claims will be decided on a more reasonable basis by judges, most likely federal judges. Insurance companies are fighting this and they’re resisting the change. I think we can expect change is good.

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Yes it is. As far as the initial application is concerned, the Veteran Service Organizations can help a veteran make his claim. After that claim is denied, it’s best to obtain professional advice.

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I think when they hear veterans tell me they’ve been advised to keep re-applying. Well, that’s bad advice. It’s almost always better to appeal the claim instead of re-applying.

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I’ve represented long-term claimants since approximately the year 2000. Prior to that, we had experience representing disability claimants, but not long-term disability claimants.

My first long-term disability client was also a social security disability client, and she insisted that I help her with her long-term disability. At that point in time, I had not done any of those types of claims.

At her insistence, I followed up with her long-term disability claim and we eventually took it to court, and she was well satisfied in the end. Since then, I have represented numerous long-term disability claimants and worked with almost all of the insurance companies that are involved in this type of insurance. We’ve seen changes in the law that makes it a little bit easier now for long-term disability claimants to get their benefits.

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Well, there are two definitions for long-term disability in the typical policy. The first definition for disability is “inability to do the job that was being done at the time the disability occurred.” Typically, that period of time is 24 months.

If the individual is disabled to the extent that he/she cannot do his/her job during that 24-month period, then he/she should be entitled to the long-term benefits for that period of time. However, after the 24-month period, typically the definition changes to “inability to do any work at all.” So, that’s a much harder standard to prove. Some individuals are disabled for 24 months but not disabled thereafter.

About Herren Law

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Well, my name is Bill Herren and I’ve been in Houston almost all of my life. I’ve practiced since the early ‘90s and my practice is entirely contingent fee. You don’t owe a fee unless you win your claim. We help veterans with their claims; we help long-term disability claimants with their claims, and we also help social security disability claimants with their claims. We’ve done this for more than 30 years. You can come in and talk to us about your claim for no fee, no cash up-front. Our fee is always paid on a contingent fee basis, and we’d be glad to talk to you about your claim.