If you have long-term disability insurance, your insurance policy should pay out claims fairly if you become too disabled to work. Unfortunately, many insurance companies fail to do that, refusing to live up to their obligations and leaving workers without the benefits they deserve.
If you find yourself with a denied claim, you may wonder if you can sue your long-term disability company. Unfortunately, the answer depends on many factors, including whether your policy is covered by ERISA, what stage you are in the appeals process, and whether you’ve already complied with certain legal requirements.
Because determining if you can sue can be so complicated, you should reach out to an Atlanta long-term disability denial lawyer to find out about your options.
Julie A. Rice Law has extensive experience helping clients in ERISA claims, as well as representing clients whose long-term disability policies are not a workplace benefit covered under ERISA. To find out more about how we can help you, give us a call today.
Can you sue a long-term disability company?
You may be able to sue a long-term disability company, but if your policy is covered by ERISA, there are strict limitations on your right to make a claim, and there are specific processes you must follow to be able to pursue a lawsuit. Specifically:
- ERISA claims can only be filed in federal court and will not be heard in front of a jury
- You cannot file a claim in federal court until you have satisfied the ERISA requirements for internal appeals
- You cannot introduce new evidence in an ERISA claim in court that you did not previously provide to the insurance company
- The discretionary clause allows judges to reverse the insurer’s decision only if the insurance company’s denial was unreasonable
All of these factors can make it much more difficult to successfully sue a long-term disability company when your policy is covered under ERISA. The court is also limited in the damages that it can award you and the remedies it can provide when you are successful in your ERISA claim.
You need an attorney who knows the law, who can help you to comply with the process, including following deadlines, and who can make the right arguments to maximize your chances of prevailing in court.
Choosing an attorney to sue your LTD company
Although you can sue your long-term disability company, the challenges involved mean that you must have an experienced advocate on your side who knows how to handle these complex claims if you want a chance to actually win your case.
Julie A. Rice Law is here to help. We have successfully represented many clients under the ERISA claims process, and we can assist with your claim from day one, as soon as you receive your denial, to ensure the process goes as smoothly as possible.
Our firm has extensive experience in federal court that many lawyers lack, and we have a long track record of successfully helping clients to get a favorable decision under tough conditions to get the benefits that they deserve.
To find out more about how an Atlanta long-term disability lawyer can advocate for you when you need to sue your LTD company, give us a call today.