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Group Disability Insurance Lawsuits Archives

Have You Properly Prepared Your Claim In Case You Have To File a Lawsuit Against Your Group Disability Insurance Company?

Have you properly prepared your claim in case you have to file suit against your disability insurance Company?  The answer may surprise you.  Group disability insurance lawsuits are not typical trials.  Most group disability insurance plans that you receive from your employer fall under the Employee Retirement Income Security Act of 1974 ("ERISA"). If you have been denied disability insurance benefits under an ERISA governed policy, you MUST first appeal the denial directly to your insurance company and follow the carriers mandatory appeals process. If the denial is upheld, you have a right to file a lawsuit. Typically, your lawsuit will be filed in federal court. Usually, your entire case will be based on the information gathered during the application and administrative appeal stage. All other information not previously submitted will most likely not be considered at trial. You will not have a jury of your peers decide the case, but rather a federal judge.

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