If you have recently filed a long term disability claim and were denied, you most likely appealed that claim. Unfortunately, there are cases where even your appeal may be denied. If this has happened to you, yet you truly need long term disability benefits to uphold you and your family’s standard of life and cannot return to work, we are here to help. Please continue reading and reach out to our experienced long term disability attorneys to learn more about what happens when we take your disability claim to trial.
Do I need to hire an attorney for an LTD lawsuit?
Our attorneys can help you with the following aspects of a lawsuit to help ensure you receive the benefits you deserve and need:
- We will prepare your lawsuit
- We will conduct discovery against the insurance company to build your case
- We will appear in court to determine the trial date
- We will work to reach a settlement with the insurance company through mediation
- We will assemble all of your medical records and medical professional opinions before trial
- We will take your case to trial
ERISA Lawsuit Verdicts
If your long term disability claim reaches the litigation stage, your case will be conducted in federal court since ERISA law, or the Employment Retirement Security Act of 1974 governs LTD insurance policies. When you attend this hearing, you should not expect a jury verdict. Instead, your case will be decided either by the De-Novo Review Standard or the Arbitrary and Capricious Standard. These Standards are defined as follows:
- The De-Novo Review Standard: This is where the judge independently reviews your entire claim file and determines whether your disability technically qualifies you for LTD benefits under your insurance policy. Generally speaking, this is the most favorable option for those in need of LTD benefits.
- The Arbitrary and Capricious Standard: This is also known as the Abuse of Discretion standard. In these cases, judge will determine whether the insurance company’s denial was wrong and “arbitrary and capricious.” That being said, to do so, the judge will have to find evidence proving that the insurance company denied your claim without having reasonable grounds of doing so.
If you have any additional questions regarding the LTD claims process, please do not hesitate to give our experienced team of attorneys a call today. We are here to help you through every step ahead.
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.