Disability Claims Appeals

Policyholders involved in ERISA disability insurance disputes frequently do not understand that they have very few rights in the ERISA appeals process. Because ERISA regulations protect the insurance companies rather than policyholders, you will not be able to resolve the insurance dispute in the traditional manner: before a judge and jury. In most circumstances governed by ERISA there is:

• No jury trial
• No punitive damages
• No compensatory damages
• No right to submit evidence
• No right to testify in your own defense
• No right to depose expert witnesses
• Unusual burden of proof scheme

A policyholder who disputes an ERISA disability insurance denial does have the right to an internal appeal of the decision. During this appeal, the only facts that will be considered are those contained in the case file these are, generally speaking, the only facts that a judge will use to make the determination about eligibility post appeal. You will not be able to add anything from the witness stand.

Our firm is at the forefront of expanding the rights of ERISA policyholders by challenging the unfair restrictions on basic legal remedies described above. We will advocate for entitlement to the broadest range of damages possible, and will leave no stone unturned in the effort to expand ERISA’s regulatory protections.

To learn more about the ERISA and how we can help you, please contact Nelson Langer Engle, PLLC.