Most disability insurance policies are provided by an employer, and if you have a long-term disability policy<\/a> through your job, it probably falls under federal law, ERISA (the Employee Retirement Income Security Act) which governs any claim for long-term disability if you can’t work because of an injury or medical condition.<\/p>\n Under ERISA, if you file your case in federal court (after a denial of your appeal by the insurance company), and win, you may be able to recover attorneys fees from the insurance company. The federal judge who awarded your benefits will also determine whether you can recover attorneys’ fees as well for the federal court litigation. In other words, there is a “fee-shifting” provision of the law that allows this.<\/p>\n Unlike in some insurance litigation, you do not have to prove “bad faith” conduct by the insurance company, which is a difficult standard. Instead, there are a number of factors a court could look to in awarding attorneys fees – just remember the difficulty of the standard you are probably up against to get a denial of benefits<\/a> reinstated is probably an “abuse of discretion” meaning was the insurance company denial of your claim reasonable, not whether it was right.<\/p>\n This is why your appeal is so critical – that appeal and all of the evidence and arguments you provide in it – are what a federal judge reviews in deciding your case.<\/p>\n But after a win, the judge may look to certain factors in making this determination.<\/p>\n Like many things involving ERISA long-term disability, the decision to award attorney fees is within the judge’s discretion. Just make sure you have the best chance by putting everything into your appeal of that denial letter.<\/p>\n We\u2019re happy to help. In fact, we’ll review your denial letter for free and give you our sense of the next steps you’ll need to take. But don’t delay – these cases have strict time limits and a proper appeal – one that puts you in the best position to get disability benefits awarded – is a lot of work. Give us a call today at 2020-393-3320<\/a><\/p>\n Frank Kearney was a guest on a local TV show speaking about our firm\u2019s work with families of special needs children and our approach to medical malpractice cases. He explains how medical malpractice cases work, from how a case is investigated to the benefits of a successful case, and everything in between.<\/p>\n Here\u2019s a clip of Mr. Kearney explaining the cost of hiring an experienced medical malpractice attorney<\/a>. Many people don\u2019t realize that it doesn\u2019t cost any more to hire an experienced, Board certified attorney with a track record of successful medical malpractice cases than it does to hire a lawyer right out of law school.<\/p>\nYour Long-Term Disability Appeal Is Critical – You Need An Experienced Long-Term Disability Attorney<\/h3>\n
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If You Received A Denial Letter, Call Us At 202-393-3320<\/a><\/h3>\n