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Disability Claims Process in California

Handled by Long Term Disability Lawyers in San Francisco

Chances are you will need your disability benefits sooner rather than later. Even the most compelling cases that meet the deadlines and provide detailed evidence can go through a long claims process and still be denied.

At the law firm of Delfino Green & Green, our San Francisco long term disability attorneys provide guidance to our clients based on decades of experience navigating the disability claims process and a wealth of knowledge about the laws related to it. Strong cases are built by taking a fact-based approach along with strong evidence and meeting strict timelines.

The Disability Claims Process

Your employer’s Employee Retirement Income Security Act (ERISA) plan document or insurance policy will spell out the claims process, including the initial claim application, appeals process, and litigation plan, if necessary. The complexity of the process can be overwhelming and requires the help of a seasoned, ERISA-knowledgeable attorney. No matter how confident you may be, an experienced legal advocate on your side generally increases the odds of a successful claim.

The disability claims process typically proceeds as follows:

  • Disabling incident occurs
  • Find an experienced long term disability lawyer
  • File a disability insurance claim with your provider
  • If denied, file an appeal with you provider
  • If denied, file a law suit in Federal Court
  • If denied, file an appeal with the US Court of Appeals

It is important to provide the insurer with solid evidence supporting your disability, including test results and medical records. Reports from your doctor need to be consistent with the insurance policy’s definition of “disabled.” We can provide your doctor with the exact definition to ensure that the insurer is provided with all of the necessary information concerning your illness or injury that prevents you from working.

Dedicated Representation in Filing, Appeals & Litigation

ERISA can affect your disability claim when filing for long-term benefits. The San Francisco long term disability lawyers at Delfino Green & Green will educate you on ERISA and assist you in every required step to submit a disability claim. Denial is not the end. We will be at your side throughout the appeals process. Even if your appeal is turned down, we will use our experience in an effort to resolve your case in court.

Contact us online or feel free to call us today at (415) 466-8544 to speak with one of our experienced long term disability attorneys in San Francisco.

Verdicts & Settlements
We've Recovered Millions for Our Clients

  • $10,000,000 Bad Faith Insurance Claim
    Insurance Coverage/Bad Faith Bad Faith – Pollution Coverage Prior to forming his own firm, Mr. Green worked at one of the largest and most prestigious firms in the U.S. He was the primary attorney on an environmental insurance case that went to trial in San Francisco. After a several week trial, Mr. Green came away with a trial verdict against the insurers with a value of over $10,000,000 in available insurance coverage.
  • $2,400,000 Disability Claim
    Disability – Neurological Issues Our client became disabled from neurological issues. Our attorneys were able to work with the client and his physicians to quickly assemble all of the documentation necessary to support out client’s claim of total disability. The insurer agreed that our client was totally disabled and paid his claim.
  • $2,000,000 Traumatic Brain Injury
    Traumatic Brain Injury to Child A three year old child was being carried across the street when she was struck by an oncoming car. The child suffered a serious traumatic brain injury when she hit the ground. Her injuries were so serious she had to be hospitalized for several months. Our firm negotiated a settlement of $2,000,000 by forcing the payment of all of the available insurance from the driver’s automobile insurer ($1,250,000), the entire amount of the homeowners insurance limits available ($500,000), and all of the amounts that the person carrying the little girl was able to recover from the negligent driver ($250,000). We then arranged for another firm to prepare and fund a large Special Needs Trust for the health and welfare of the injured child.
  • $1,800,000 Heart Condition Disability
    Our client became disabled by a heart attack. The insurer refused to pay, claiming that our client was still able to perform his occupation. We met with all of our client’s doctors, obtained reports confirming the client’s inability to perform his prior occupation, and ultimately convinced the insurance company to pay the claim in full.
  • $1,700,000 Builder’s Risk/Collapse

    A contractor suffered a severe collapse at one of his sites. The claim was submitted to the insurer and denied. Mr. Green reviewed all of the facts, researched the law, and brought together the necessary experts to prove that the Contractor’s Builders Risk insurer was responsible for a substantial portion of the loss. He also proved that a subcontractor was negligent and the subcontractor’s insurer also paid a substantial settlement. In total, Mr. Green was able to obtain more than $1,700,000 in compensation for his client.

  • $1,000,000 Heart Condition Disability
    Our client had worked for the government for many years when she began suffering from a serious heart condition. All of her doctors told her that she could no longer work and if she continued to do so, she would be risking further injury to her heart or even death. Based on thi
  • $1,000,000 Traumatic Brain Injury

    Our client suffered a mild Traumatic Brain Injury when heavy object struck her in the head. The responsible party denied all fault and insisted until the very end that our client had not suffered a brain injury and offered nothing to settle the case. Our firm assembled a team of world renowned expert‘s to demonstrate that our client had suffered a mild Traumatic brain injury. The case settled shortly before trial.

  • $985,000 Traumatic Hand Injury

    Our client was working at a manufacturing plant. While operating a piece of machinery, his glove became caught in the machinery and part of his hand was severely injured. Ordinarily, this type of injury would be restricted to remedies available through Worker’s Compensation. However, through the knowledge, ingenuity, and creativity of our team of attorneys, we were also able to obtain a very substantial civil settlement for our client in addition to the workers comp settlement of his case.

  • $975,000 Aviation Death Settlement
    A husband and father of two small children was killed in an aviation accident involving a small aircraft. Our firm represented the widow and two children against the pilot of the aircraft. By hiring experts in aviation (to prove negligence) and economists (to prove damages), and utilizing William Green’s expertise as an instrument-rated pilot, we were able to make a very powerful case and obtain a very favorable settlement that allowed the family to survive financially.
  • $700,000 Forklift Accident
    A construction supervisor went to pick up some materials for a construction job. A worker at the yard neglected to set the parking brake on a piece of heavy equipment a few yards away. While the construction supervisor had his back turned, the machine rolled into him, pinning him against the side of his pick-up truck. He suffered several broken ribs, but that was the least of his injuries. Within several weeks of the accident, he had partially lost his sight. By working with medical experts, our firm was able to directly connect the sight loss to the injuries caused by the machine that rolled into our client. The case settled at Mediation without any need for a trial.

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  • “I felt they were a strong advocate and were attentive and concerned with protecting my best interests.”

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