New Jersey Disability Lawyer Advancing Your Interests
Bonny Rafel represents disabled people in their quest to obtain and keep disability benefits. From her home base in Florham Park, NJ, she helps people navigate through the difficult process of filing for disability with insurance companies, and fighting for their benefits when the claims are denied. Her hands-on approach to each case with her team of experienced paralegals creates a strong offense, used daily to deal with insurers who are most interested in denying claims rather than paying claims. Her clients receive the personal touch only a small firm can provide. Each client is assigned a dedicated paralegal who with Ms. Rafel strategizes the ingredients necessary for successful claims.
Attorney Rafel handles individual disability insurance and ERISA (group) long-term disability cases. She skillfully handles claims at all stages, from the beginning of the claim filing, to the acceptance or denial of the claim, to the administrative appeal process and through litigation when necessary. Her clients' successful claims are a testament to her skill and experience in advocating for approvals of claims and filing lawsuits in state and federal courts when claims are unjustly denied. She regularly lecturers to small professional groups on current topics affecting disability claims and writes a blog to inform the public of timely issues that impact claims. See her blogs at www.newjerseydisabilitylawyerblog.com.
In addition to her disability law firm Ms. Rafel is Of Counsel to Gallagher Campanella LLC, a Morristown, NJ healthcare law firm. Attorneys Nan Gallagher and Gina Campanella provide comprehensive legal services to a wide range of healthcare professionals. https://gchealthcare.com. Ms. Rafel will provide advice and counsel on disability matters.Disability Claims For Doctors and Business Professionals
Professionals often purchased disability policies long ago based on sales pitches promoting the policies as a safety net in the event that disability strikes. But when a disabling condition occurs, insurers scrutinize and investigate new claims often delaying the claim for months before a decision is made. The claimant is suddenly placed under a microscope, where their business past is scrutinized, and the severity of their medical condition questioned. Insurers demand that the claimant sign authorizations allowing them to obtain personal financial data, medical records for years in the past, tax returns. They request medical production data from physicians and much, much more, before deciding to pay a claim.
Our clients hire us to evaluate how changes in their medical status impair their ability to continue working in their own occupation. This may involve changes in their professional medical or dental practice, taking a medical leave, reducing their surgical duties. We evaluate the disability contracts to establish the criteria for a successful claim and then execute our plan with our client.We assist our professional clients to navigate through the difficulties faced when determining to file for disability, what occupational and medical records to obtain, and file the claims for our clients so that they have the greatest chance of success from the outset. We believe it is enough of a burden to deal with a life changing disability. Leave the claim filing to an experienced disability attorney in New Jersey, Bonny Rafel and her staff.
Disability Claims for Employees of Companies (ERISA)
Employers often offer long term disability benefits to their employees. When employees receive group disability insurance through an employer, and it is covered by ERISA, federal laws protect their ability to seek disability benefits.
ERISA was enacted to provide certain protections for people with private health and pension plans, as well as employer-provided long-term and short-term disability insurance coverage. It regulates employer disability plans, outlining provisions for how claims should be processed, the timeline for processing them, and an individual's rights when a disability claim is denied. The disability income benefits are based on a percentage of your income. The benefits vary based on what insurance policy is issued to cover the benefits. It is important to find out what benefits are available, and usually the Human Resources department of the company can provide this information upon request. While on medical leave for a disability the employee may be eligible for continued benefits that active employees have such as medical, dental, or vision coverage. New Jersey disability lawyer Bonny Rafel and her dedicated staff typically coordinate and file her client's claims for disability under group insurance policies. Disability insurance companies often deny these claims and offer the claimant a chance to review the claim and submit an appeal.
ERISA requires an employee to file an administrative appeal the denial of a claim, but the denial letter the claimant receives is often confusing. In some cases, the insurer provides a single page labeled "appeal" with the denial, baiting the claimant to simply write a one page appeal of the denial. This is a trap. ERISA gives the claimant the right to file an appeal within 180 days of the denial letter, AND to obtain a complete copy of their entire claim file from the insured, free of charge. Most claimants do not understand their rights when their claim is denied. We step in immediately when retained by a claimant whose claim was denied. obtain the entire claim file, review it carefully and plan with our client what evidence to gather and how to most effectively lodge an appeal of the wrongful denial. This may involve witness statements, vocational reviews, medical questionnaires we customize for the claimant's treating doctors to complete; the Rafel firm creatively orchestrates the collection of relevant evidence to prove the claim should be paid.Short-Term Disability Benefits
New Jersey requires employers to contribute to a state mandatory Temporary Disability Benefits program unless they have a salary continuation or short term disability program providing a certain minimum of benefits for the first six months of a disability. Under the NJTBD, benefits equal two-thirds of an average weekly salary, up to a maximum of $633 each week. Employers located outside New Jersey with New Jersey employees must similarly provide for its NJ employees. Most often large employers retain an insurance company to administer these short term disability benefits (STD).
New Jersey disability attorney Bonny G. Rafel's vast experience with STD claims has shown that the insurance companies administering the STD benefits pressure the disabled employee, often on a weekly basis with forms to complete, updated medical records to obtain and focus on returning the newly disabled person back to work. That is their goal. Her goal in representing clients during the process is facilitating the communication between the client and the insurance company to ensure they have enough information to continue to review and approve of the claim. This often requires us to interact with our client's doctors to be sure they correctly fill out insurance forms set up to trick the doctor into noting the claimant has work ability or can return to work when they cannot.
We know that if our client's claim for STD is denied, they will have great difficulty obtaining long term disability benefits, so we believe that legal representation by a disability lawyer in New Jersey during that time period in most cases is often vital.Disability Lawsuit in Federal Court
If we have handled the appeal of the wrongful denial and the insurance company upholds the denial, we are on to the next battle, often a lawsuit in Federal Court for our client. Insurance claims for long term disability benefits under ERISA law take up much of the federal courts time, and on average, judges often decide in favor of the insurance company due to some restrictions on the level of the court's review. Therefore, winning the administrative appeal is our major effort. Once in Federal Court, the Rafel team focus is on strategizing success either through early mediation, settlement conferences and of course, taking the case through the judicial process to judgment on the client's behalf.
NJ disability lawyer Rafel has extensive experience dealing with Unum, Provident, Paul Revere, Equitable, Aetna, John Hancock, Reliance, Reliance Standard, Prudential Financial, DMS, Lincoln Financial, Liberty Mutual, Hartford, Northwestern Mutual, Guardian, Berkshire, MetLife, Cigna, LINA, Mass Mutual.Consult an Experienced Disability Attorney in New Jersey
The Rafel firm has handled well over a thousand cases for the disabled. The disabled needs a voice, to be heard, understood, and respected. The Rafel firm is the "Voice of the Disabled" and works daily to ensure that its clients receive A+ services. We have found that with our decades of successful work, our client's financial investment for legal advice and counsel pays off, the burden of handling the claim on your own is lifted and you can focus on your health. We do not handle Social Security Disability claims.
We represent claimants nationwide, but focus our practice on clients in New Jersey, New York, and Pennsylvania. Call us at 973-845-2600 to speak with one of our paralegals for a free intake. Contact us through our online form and we will contact you within 24 hours.
- Courts Rule That Deadlines for Disability Insurance Company's Review of ERISA Appeal Cannot Be Extended We regularly file appeals of disability insurance denials of long term disability claims. Our clients are bound by ERISA regulations which require
- Disability Case Spotlight: Considerations for Determining the Initiation Date of Disability To Maximize Benefits This is the first in a series of articles designed to showcase various topics related to disability claims that are particularly relevant to medical
- Important Treatment Requirement For The Disabled Many individuals with chronic permanent medical conditions reach a level of treatment that is palliative, that will not improve their symptoms or