Most individuals receive long-term disability coverage or life insurance coverage through their employment. These group policies are governed by the Employee Retirement Income Security Act of 1974 (“ERISA”).
ERISA is a complicated law that can sometimes favor the insurance companies. Insurance companies and their attorneys attempt to take advantage of ERISA to argue that no discovery is allowed in ERISA cases. In other words insurance companies argue that no additional evidence can be submitted for the court's review beyond what was in the file at the time of the final denial.
Faced with this argument, a federal court in Michigan ruled that discovery in this case where there is clearly a procedural irregularity is well within the bounds of prior cases addressing prehearing discovery in ERISA denial-of-benefits case.
Our lawyers have faced this same argument from the insurance company time and time again. This firm has fought back against this argument and has won many discovery disputes in court.
Discovery can make the difference in your claim for disability benefits. Our disability lawyers will use their knowledge and experience to fight for discovery and help give you the best chance to get your benefits approved.