Litigation Attorneys for LTD Benefits
Long term disability insurance can be a great asset for those who are unable to work for a long period of time due to an illness or injury. Of course, the general hope is that the claim is accepted on the first submission but this is not always the case. After a claim is denied and all other options have been explored to no avail, you may need to file a lawsuit in federal court. If you believe that you are headed towards litigation for a long term disability claim denial, it is critical that you retain the services of an experienced legal team that can fight on your behalf. Walker & Hern have represents clients across the United States after they have been denied long term disability insurance benefits. Contact our firm today to learn how we can help.
How can an attorney help me during an LTD lawsuit?
When making the decision to enter a lawsuit to fight for the long term disability benefits you have been denied, one of the most important things you can do is to retain an experienced and knowledgeable attorney. Not only can an attorney help you prepare for your lawsuit, they can also try to present the best evidence to support your case. A few of the roles of an attorney during a LTD lawsuit include the following:
- Prepare your lawsuit
- Conduct discovery against the insurance company to build your case
- Appear in court to determine the trial date
- Try to come to a settlement with the insurance company through mediation
- Gather all medical records and medical professional opinions before trial
- Take the case to trial
Once a verdict has been issued in the case, your attorney will also be able to determine whether it is necessary to appeal the verdict.
ERISA Lawsuit Verdicts
When a long term disability insurance claim denial goes to litigation, it must be done in federal court. This is because of the fact that long term disability insurance policies are governed by ERISA law, or the Employment Retirement Income Security Act of 1974. ERISA lawsuits, including those for long term disability claim denials, are determined solely by a federal judge. These cases do not use a jury verdict. These cases are decided in one of two ways:
- The De-Novo Review Standard, where the judge independently reviews the entire claim file and determines whether your disability qualifies you for long term disability benefits under your insurance policy. This option is typically more favorable for the plaintiff.
- The Arbitrary and Capricious Standard, also called the Abuse of Discretion standard, requires the judge to determine whether the insurance company’s denial was wrong and “arbitrary and capricious.” The judge will have to find evidence proving that the insurance company denied your claim without reasonable grounds.
Contact a Long Term Disability Litigation Attorney
Has your long term disability insurance claim been denied again and again, even during appeals? Walker & Hern is here to help. Our firm helps disabled individuals navigate the complicated process that is litigation of long term disability denials. With so much at stake, it is important that you choose an attorney who will not only put your best interests first but who also has the skill and tenacity necessary to win a case of this caliber. Contact Walker & Hern today to learn more about how we can help.