When a disability insurance policy is governed by ERISA law, one of the questions we answer most is “When can I sue for a denied claim?” A lawsuit can only be filed after your administrative appeals have been filed and denied. Even if a lawsuit is filed, it can be extremely time consuming. That is why it is critical that the lawyers you choose do everything possible to resolve your case without having to depend on the court for a timely result.
At DarrasLaw, America’s top disability law firm, we do everything possible to resolve your case without delay. We aggressively pursue litigation if your appeals are denied. We channel more than 100 years of experience to make certain your lawsuit is filed in a timely manner and effective in recovering benefits.
The Federal Court Has Jurisdiction
Long-term disability insurance policies governed by ERISA law must be resolved in the federal court. Policyholders do not have the right to a jury trial in these cases. A judge alone will make a decision in an ERISA long-term disability lawsuit.
How will the judge make his or her decision about the lawsuit? The two standards of review in these cases are the de-novo review and the abuse of discretion standard. The judge will determine which standard applies based on the policy itself, particularly whether the policy includes a discretionary clause that allows the insurance company to interpret the policy.
De-novo review tends to be more favorable to the policyholder. With De-novo review, the judge will independently review the entire record and determine whether or not you are entitled to benefits under your group disability insurance policy. The abuse of discretion standard essentially requires that the judge determine that the insurance company acted wrongfully in order to return a decision favorable to the policyholder. Our experience means we know how to prepare lawsuits with all review standards in mind.
Free Consultations – ERISA Disability Lawsuit Attorneys
Call us at 800-458-4577 or send us an email. Our attorneys will provide more information about whether an ERISA long-term disability lawsuit is appropriate in your case.