If you require long term disability benefits and your claim has been denied, there are several actions you may take. If you have explored all other options and your claim is still denied, you may have to file a lawsuit in federal court in order to receive the benefits you deserve. If you think you may be heading towards litigation for a long term disability claim denial, you must contact an experienced lawyer who will fight for your rights at once. Here are some questions you may have regarding the litigation process:
What is the benefit of hiring an attorney?
If you hire an experienced attorney, you will not have to fight this seemingly uphill battle alone. We understand how frustrating it can be when you are denied the long term benefits you need to cover medical bills, in-home care costs and more. An experienced attorney will inform and prepare you for your lawsuit, while simultaneously gathering and presenting the best evidence to support your case in court. An attorney may:
- Conduct discovery against the insurance company to help build your case
- Prepare your lawsuit
- Appear in court to determine the trial date
- Gather all medical records and medical professional opinions before your trial
- Try to come to a settlement with the insurance company through mediation
- Take your case to trial
What are the potential ERISA verdicts?
Long term disability insurance policies are governed by ERISA law, or the Employment Retirement Income Security Act of 1974. ERISA lawsuits may only be determined by a federal judge, and therefore do not require a jury verdict. Here are the two ways in which these cases are decided:
- The De-Novo Review Standard: Here, the judge will independently review the entire claim file to determine if your disability qualifies you for long term disability benefits under your insurance policy. Typically, this is the more favorable option for the plaintiff
- The Arbitrary and Capricious Standard: Also known as the Abuse of Discretion standard, in this case, the judge is required to determine if the insurance company’s denial was wrong and “arbitrary and capricious.” If the judge finds evidence proving that the insurance company denied your claim without reasonable grounds, you may receive the long term disability benefits you deserve
Contact a long term disability litigation attorney
If you or someone you know has been denied the long term disability benefits you deserve, it is imperative you contact a knowledgable attorney today. The sooner you act, the better. If you believe your insurance company is wrongly denying you your benefits, do not let them get away with it. Get in touch with an attorney to explore your options going forward.
Our firm has significant experience helping people just like you retain or defend their Long Term Disability Benefits. Contact Walker & Hern for a free consultation.