Denied Accelerated Death Benefits (ADB)

Our accelerated death benefits (ADB) lawyers help terminally ill insureds file claims for accelerated death benefits or appeal an adverse claim decision.

Accelerated death benefits are designed to help terminally ill individuals pay for their medical care, at-home care, and living expenses.

For those who stopped working due to a terminal illness, an accelerated death benefit may be the only source of income they rely on. Needless to say, a denied accelerated death benefit claim may result in frustration and financial hardship for individuals who struggle with a terminal illness.

If your claim for Accelerated Death Benefits has been denied, call us at (888) 510-2212. Our life insurance attorneys will help you overturn the denial of benefits on appeal.

Our Accelerated Death Benefit Areas of Expertise

To protect your rights and to ensure that your claim is handled fairly, consult with an attorney at Kadetskaya Law Firm. We have years of experience working with life insurance contracts and know when a claim has been wrongfully denied. Our accelerated death benefit lawyers have successfully handled cases involving:

  • Denied Accelerated Death benefit due to incorrect claim submission; 
  • Denied Accelerated Death benefit due to improper certification by a physician; 
  • Denied Accelerated Death benefit due to failure to provide evidence of life expectancy;
  • Denied Accelerated Death benefit due to not meeitng the requirement of terminal condition under the accelerated benefits policy rider.

We have helped terminally ill insureds file claims for accelerated death benefits or appeal a claim denial against a number of life insurance companies. 

How Our Life Insurance Lawyers Can Help Recover Your Accelerated Death Benefits

At our law firm, our accelerated death benefit attorneys have helped many terminally ill individuals collect their accelerated death benefits claims promptly.

We help individuals understand their life insurance beneficiary rights and assist them in filing a claim for accelerated death benefits by gathering all supporting documents and required medical records. We overview the process of the claim review and work with the insurer on a daily basis to ensure the claim is handled properly and in a timely manner.

We also assist those people who have filed an accelerated death benefit claim and it has been delayed by an insurance company and those individuals whose claims have been denied.

Since it is important to receive accelerated death benefits promptly, it is recommended that you work with an insurance attorney from the beginning of filing a claim.

Your chances of receiving accelerated death benefits are much higher if you are represented by counsel from the beginning of the process. However, if you filed a claim for accelerated death benefits and it was denied, our attorneys will appeal a denial quickly so that you receive the benefits as soon as possible. Call (888) 510-2212 to consult with one of our accelerated death benefit lawyers.

Accelerated Death Benefit Attorney Fee

Our accelerated death benefit attorneys work on a contingent fee basis. It means that we do not charge legal fees unless we collect the life insurance proceeds for you. Only then will we charge a reasonable legal fee. We take pride in offering competitive contingent fee structures and will work with you to ensure you are comfortable with the fee. If your claim has been denied or delayed, call our life insurance lawyers for help. We have the experience you can trust.

Below we will address some of the most frequent legal questions we get from terminally ill insureds who are in need of help with their denied or delayed accelerated death benefits claims:

Accelerated Death Benefits Claims FAQ

Definition: What Is the Accelerated Death Benefit Rider?

An Accelerated Death Benefit (ADB) is a provision in a life insurance policy that allows a terminally ill insured to receive part of the life insurance proceeds while alive. A life insurance contract states that life insurance proceeds will go to the beneficiary after the insured’s death, while an accelerated death benefits option allows the insured himself to receive the payout that can be used to pay for medical care and treatment. The remainder of the life insurance proceeds will be retained as life insurance.

The accelerated death benefit provision in a life insurance policy is also known as a “terminal illness benefit” or “living benefit.”

How Does Accelerated Death Benefits Work?

Many life insurance policies offer special benefits, such as seat belt benefits, anti-inflation benefits, accidental death benefits, and accelerated death benefits.

Accelerated death benefits differ from the rest of life insurance benefits in that they are offered to insureds during their lifetime. Accelerated death benefits are generally available to an insured who is terminally ill and has a life expectancy of two years or less (depending on the contract).

Unlike life insurance benefits that are paid to beneficiaries after an insured’s death, accelerated death benefits are payable directly to an insured and constitute an amount that is 20%-50% less than life insurance benefits. That means that the amount received by the beneficiaries of the life insurance policy will be reduced by the amount claimed as an accelerated death benefit.

In order to receive an accelerated death benefit, an insured must comply with certain requirements outlined in the life insurance contract. In the majority of cases, the insurance company will want a statement from the insured’s doctor which supports a finding of a terminal illness and determines what an insured’s life expectancy is.

What Triggers the Payment of Accelerated Death Benefits?

Certain health conditions can trigger eligibility for early payment of all or a portion of your policy’s proceeds. You may qualify for accelerated death benefits in the following circumstances:

  • Terminal illness, with life expectancy of twelve months or less (the duration may vary);
  • Acute illness, such as acute heart disease or AIDS, which would result in a drastically reduced life span without extensive treatment;
  • Catastrophic illness requiring extraordinary treatment, such as an organ transplant;

We have handled cases involving the conditions listed above and were successful in helping terminally ill life insurance policyholders recover the benefits they were rightfully entitled to.  

Accelerated Death Benefit Claim Process

When the insurance company receives a claim for accelerated death benefits, it hires an independent physician to review the insured’s medical records and write an opinion as to the insured’s life expectancy. The independent medical consultant’s opinion may differ from the insured’s doctor statement as to the life expectancy. If the physician hired by an insurer states that the life expectancy is more than twelve months (the time periods vary), the insurance company will deny the claim.

The process of filing a claim for accelerated death benefits may seem easy and many people may file it without the assistance of an attorney. However, it is very important to submit the documents properly in order to have the claim paid. Even a minor mistake may result in denial.

Filing a claim for accelerated death benefits should never be a do-it-yourself project because the requirements for approval are often written in complex legal language that may be misinterpreted.

An incomplete claim or insufficient proof of documentation regarding the insured’s life expectancy and terminal illness may result in an accelerated death benefit denial.

While some insurers allow an insured to appeal a denied accelerated death benefit claim, many insurers refuse to consider an appeal of a denied accelerated death benefit claim.

An experienced accelerated death benefits attorney will assist you in filing a claim to ensure your benefits are paid promptly. 

If you intend to file a claim for accelerated death benefits, or if your claim has been denied, contact us at (888) 510-2212 for a free consultation.

Typical Exclusions and Restrictions Found in an Accelerated Death Benefit

The accelerated death benefit rider includes certain exclusions that life insurance companies can use as reasons to deny paying a claim, including: 

  • Not meeting the policy’s requirements for accelerated death benefit; 
  • Not being considered terminally ill; 
  • Not having a life expectancy required to qualify under the policy; 
  • Failing to provide medical evidence of terminal illness or life expectancy. 

If you find yourself in any of the above situations don’t take the denial at face value. It’s best to seek legal consult and determine if you have a case. A free consultation will always be available at our law firm. Call (888) 510-2212 to speak with one of our accelerated death benefit attorneys. We have the experience you need to win.

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