Houston Long Term Disability Attorney Offers Solutions for Denied Claims

Houston, Texas (Marketwire) July 10, 2009—Houston long term disability attorney Marc Whitehead acknowledges that it has become common practice for insurance companies to systematically deny valid long term disability insurance claims as a means of containing costs and increasing profits.

One of the common problems clients face is having their long term disability claims denied by insurance companies. The law and procedures governing the disability claims process differs depending on whether or not the client claim is "pre-empted" by Federal Employee Retirement Income and Security Act (ERISA) law. If an employer has paid any part of the disability insurance premium then the insurance plan will be governed under Federal ERISA law and procedures. If the policy is purchased privately by an individual, the policy is normally governed by state insurance law.

The process of filing for benefits is very complicated and many policies can have specific language regarding the definition of "disability". Insurance companies often delineate a claim based on the inability to perform one's "own occupation" versus "any occupation" after some period of time. Many carriers will promptly stop paying claims after the expiration of the initial "any occupation" standard of disability.

"Many people who are denied their long term disability benefits simply feel they have no recourse," said Houston personal injury lawyer Whitehead. "The insurance companies strive to protect their assets, not the rights of the policy holders. It is our goal to secure the maximum long term disability benefits for our clients."

There is a major difference between claims governed under ERISA law than those which fall under state insurance law. The law office of Marc Whitehead is familiar with ERISA preempted claims and can assist clients faced with claims which are denied or underpaid. Whitehead is board certified in Social Security Disability Law by the National Board of Social Security Disability Advocacy and has served individuals in Houston, Galveston and surrounding areas with long term disability claims.

About Marc Whitehead & Associates Attorneys at Law LLP

The attorneys of Marc Whitehead & Associates are experienced in Texas law, and offer professional and compassionate legal assistance to clients in the greater Houston area and across Texas. Founded by personal injury lawyer Marc Whitehead, the firm has expertise in long term disability and social security denials, wrongful death, motorcycle and 18 wheeler accidents.

For more information, please contact:
Marc Whitehead & Associates, Attorneys at Law LLP
(713)228-8888
www.personal-injurylawyer.com