Prudential Long Term Disability Insurance Claims Lawyer
Prudential is one of the largest disability insurance companies out there. They sell primarily group policies, meaning most Prudential LTD claims will be covered by ERISA. ERISA (Employee Retirement Income Security Act) is a federal law that covers employee benefits. Although meant to protect employees and their benefits, in this case ERISA is an advantage for the multi-billion dollar insurance companies.
Prudential Claims and ERISA
Because most Prudential plans are covered by ERISA (although not all), the most important things you need to know about your LTD case is that it will be governed by two major rules.
- You must exhaust all administrative appeals before filing a lawsuit in federal court
- No new evidence can be submitted to the court. Your file will be limited to what was submitted during the application and appeals process
ERISA is much more complex than that, but these are the two most important rules that you need to know. If you do not prepare your application and appeal correctly, your case will be severely hindered. Any evidence you want the judge to consider must be included during the application for benefits, or during the administrative appeals.
If your strongest piece of evidence was not submitted during these appeals, the judge will not consider it at all.
Prudential Uses Video Surveillance In LTD Cases
Prudential loves to use video surveillance in their ERISA disability cases. This is secretive video taken of you by a private investigator. It is not cheap, and usually costs thousands of dollars per video.
Prudential is willing to spend this money to deny your claim. You can only imagine what else they are doing to deny your family the income it needs.
These videos are extremely prejudicial. They may have you doing some activity for just a few seconds, and they will argue you could that activity for hours on end.
They will do this for people who received benefits for years. Yes, Prudential will send out a private investigator to spy on you even if you are receiving benefits. If they find video of you performing an activity they don’t believe is consistent with someone claiming disability, they will cut your claims off.
That means you can never let your guard down, no matter how many years you received benefits from Prudential.