ERISA Experience You Can Rely On.

Considerations re litigating a denied disability claim

by | Apr 13, 2020 | Long Term Disability Claim Denial

A perfectly just and logical world would mandate that insurance companies routinely uphold their part of the bargain in long-term disability matters.

That is, the actions of an insurer (e.g., timely paying premiums and providing honest information in policy disclosures) would always be met by its prompt and full payment of disability benefits to that claimant in time of need.

Sadly, we all know that such an equitable universe is illusory. Insurance companies in cases falling under the laws of the Employee Retirement Income Security Act seek to materially delay or deny outright LTD claims all the time. Their motive for doing so is often obvious to and provable by a practiced pro-claimant ERISA disability insurance law legal team.

We expressly note on our website that at the long-established and results-oriented ERISA Law Center in Fresno that some insurers push back hard against their payment duties “in the hopes that you do not pursue legal action.” Others engage in similar stalling or denial tactics fully expecting a firm claimant response, but are still willing to take a matter to court.

That latter point is important to note, especially for a would-be litigant in California or elsewhere nationally who knows that his or her claim has merit. We stress at ERISA Law Center that, while the inclination for a wronged claimant in such a case is often to proceed forcefully to litigation, that urge must be tempered by some immediate realities.

Foremost among them is duly noting the imperative steps that a disability case under ERISA law mandates specific “steps you need to take before being eligible to sue.”

We will detail those requirements and also underscore the strong advocacy that experienced disability attorneys can provide in a disability claim in an upcoming blog post.