There is nothing more unsettling than being unable to return to work, filing for long term disability, and having your initial claim denied. When this happens, your disability attorney will usually file an appeal to that denial, as you are someone who needs these benefits at whatever cost. Unfortunately, since insurance companies are simply businesses, their main concern is their bottom line, and not necessarily whether you and your family are provided for. If your appeal has been denied, you may be very concerned about your future. Fortunately, with the assistance of an experienced long term disability attorney at your side, our firm can take your claim to trial and fight, tooth-and-nail, for the benefits you deserve and need. Here are some of the questions you may have:
How can an attorney help me file an LTD lawsuit?
When you retain the services of Walker & Hern, our experienced team will first prepare your lawsuit and conduct discovery against the insurance company that denied your claim. From here, we will determine the date of your trial in court, and will work to reach a settlement with your insurance company through the mediation process. We will then use various medical records, bills, and professional opinions obtained regarding your condition to prove your case in trial.
What is the significance of ERISA Law in the trial process?
Essentially ERISA law, or the Employment Retirement Security Act of 1974 governs LTD insurance policies, which means that your case will be heard in federal court. The outcome of your case will be determined either by the De-Novo Review Standard or the Arbitrary and Capricious Standard. In the De-Novo Review Standard, the judge will review your claim to decide whether you are qualified to receive LTD benefits under your insurance policy. There is no jury in this case. In the Arbitrary and Capricious Standard, the judge will have to decide whether the insurance company made the wrong decision in denying your appeal. Our firm will have to provide the judge with substantial evidence that your insurance company denied your claim unfairly.
If you would like to learn more about taking your case to trial, simply give our knowledgeable long term disability attorneys a call today. We have helped countless individuals take their cases to trial over the years, and we are ready to fight for the LTD benefits you and your family deserve and need today.
Contact our experienced firm
If you or someone you know is looking to receive long term disability benefits and needs the help of an experienced attorney, contact Walker & Hern today.
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.