There are few things worse than developing a serious medical condition that prevents you from returning to work. Not only do these conditions affect your ability to receive a paycheck, but they most likely also affect your day-to-day life as well. Fortunately, for many, long term disability is a viable option. However, if you are someone who had your initial LTD claim denied, you most likely had that denial appealed. Unfortunately, there are times where even appeals are denied, and if you find yourself in this situation, you most likely have a long road ahead–our firm can help. We know how overwhelming it can be to have an appeal denied, and if this has happened to you, you must continue reading and speak with our knowledgeable nationwide long term disability attorneys to learn more about how we can help you through the LTD claim litigation process ahead. Here are some of the questions you may have:
Why should I hire an attorney to litigate my appeal denial?
Once your appeal is denied, the first thing you will have to do is hire an experienced LTD attorney who can fight to prove that the denial was unwarranted and that you truly qualify for long term disability benefits. Our firm can do the following on your behalf:
- Conduct discovery against the insurance company in an effort to help build your case
- Prepare your lawsuit
- Appear in court to determine the trial date on your behalf
- Gather all additional medical records and doctors’ notes before your trial begins
- Attempt to reach a settlement with the insurance company through mediation before a trial
- Take your case to trial and fight through the litigation process
What is ERISA?
The Employment Retirement Income Security Act of 1974, better known as ERISA, governs LTD insurance policies. ERISA lawsuits are solely determined by federal judges and do not require jury verdicts. These cases are decided in two ways:
- The De-Novo Review Standard: In this case, the judge will independently review your claim file to determine whether your disability qualifies you for LTD benefits under your insurance policy. This is generally the better option.
- The Arbitrary and Capricious Standard: This is also commonly referred to as the Abuse of Discretion standard; here, the judge will determine whether the insurance company’s denial was “arbitrary and capricious.” If the judge determines that the insurance company denied your claim unreasonably, you should win the benefits you need.
If you have any additional questions, give us a call today
Contact our experienced nationwide 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.