What Must I Do Before Filing a Lawsuit Against The Standard?
Filing a lawsuit against The Standard Insurance Company is not a decision to take lightly—and in many cases, it is not even the first step. Disability insurance claims, particularly those governed by ERISA, follow strict procedural rules. Failing to complete the required steps before filing suit can permanently damage your case, no matter how valid your claim may be.
1. Determine Whether Your Policy Is Governed by ERISA
The first—and most critical—step is identifying whether your disability policy is governed by the Employee Retirement Income Security Act of 1974 (ERISA).
Most long-term disability policies provided through an employer are ERISA-controlled. If your policy falls under ERISA:
- You cannot file a lawsuit immediately
- You must exhaust all administrative appeals
- Your lawsuit will be limited to the evidence in the claim file
By contrast, individual disability insurance policies (purchased privately) are typically governed by state law, which offers broader legal rights, including discovery, depositions, and jury trials. Knowing which law applies determines everything that follows.
2. File a Timely and Complete Administrative Appeal
If The Standard has denied or terminated your disability benefits under an ERISA policy, you must appeal the decision before filing a lawsuit.
This appeal is not a formality—it is your last and only opportunity to submit evidence supporting your claim.
Key appeal requirements include:
- Strict deadlines (often 180 days from denial)
- Submission of all medical, vocational, and financial evidence
- Addressing every reason The Standard gave for denying benefits
- Correcting errors, omissions, and mischaracterizations in the claim file
Once the appeal deadline passes, you may lose your right to sue entirely.
3. Build the Record as If It Will Decide Your Case—Because It Will
Under ERISA, courts are generally limited to reviewing the existing administrative record. That means:
- No new medical reports later
- No live testimony from doctors
- No opportunity to explain missing evidence after the fact
- Before filing a lawsuit, your appeal record should include:
- Detailed physician opinions addressing functional limitations
- Objective testing where appropriate
- Vocational expert analysis showing inability to work
- Rebuttals to insurer-hired medical reviewers
- Documentation of ongoing treatment and compliance
DarrasLaw approaches ERISA appeals as trial-level litigation, not paperwork.
4. Comply With Contractual Deadlines and Policy Provisions
The Standard’s policies contain contractual limitations periods that may shorten the time you have to file a lawsuit—even beyond state statutes of limitation.
Before filing suit, you must confirm:
- The lawsuit filing deadline under the policy
- Whether tolling applies during the appeal process
- That all required proof-of-loss provisions were satisfied
Missing a contractual deadline can bar your claim permanently.
5. Evaluate Whether The Standard Acted in Bad Faith (Non-ERISA Claims)
If your policy is not governed by ERISA, you may have additional rights under state law, including claims for:
- Insurance bad faith
- Unfair claims handling practices
- Emotional distress damages
- Punitive damages (in some states)
Before filing a lawsuit, it is essential to evaluate whether The Standard’s conduct rises beyond a simple denial into actionable misconduct—and how to position the case accordingly.
6. Consult an Attorney Who Focuses Exclusively on Disability Insurance Law
Before filing any lawsuit against The Standard, consulting a national disability insurance law firm is critical. These cases are highly specialized, and general personal injury or employment attorneys often overlook ERISA-specific traps.
DarrasLaw has spent decades litigating against major disability insurers—including The Standard—and understands:
- The insurer’s internal review tactics
- Common denial strategies
- How courts interpret ERISA claim files
- What evidence actually moves cases forward
Early legal involvement often determines whether a lawsuit succeeds—or never gets off the ground.
Why What You Do Before Filing Matters More Than the Lawsuit Itself
Many claimants believe the lawsuit is where their case begins. In reality, the outcome is often decided long before a complaint is filed.
Failing to complete the required steps before suing The Standard can result in:
- Immediate dismissal of your case
- Severely limited court review
- Permanent loss of benefits
- No ability to submit additional evidence
Getting it right from the start is not optional—it is essential.
Get Experienced Help Before Taking Legal Action Against The Standard
If The Standard Insurance Company has denied or terminated your disability benefits, do not file a lawsuit—or an appeal—without understanding your legal obligations.
DarrasLaw focuses exclusively on helping disabled professionals and employees protect their rights against powerful insurance companies. We know what must be done before filing suit—and how to position cases for the strongest possible outcome.
Contact DarrasLaw today to discuss your claim and protect your right to recover the benefits you deserve.