Nebraska Disability Insurance Lawyer
Insurance companies make it difficult for individuals in Nebraska to receive disability benefits. Our Nebraska disability insurance lawyers have helped many individuals in Nebraska with their claims for disability benefits. We can represent you during every phase of your claim for disability benefits. This includes assisting with the initial claim, or appealing wrongfully denied benefits. The disability insurance lawyers at Wagar Dabdoub can also file lawsuits in the state of Nebraska.
To secure the services of our firm, contact our Texas disability attorney for a free initial consultation at (800) 969-0488.
A majority of these claims fall under a federal law called the Employee Retirement Income Security Act (ERISA). ERISA governs disability plans offered by employers to their employees. If you receive short term or long term disability coverage from your employer, your plan likely falls under ERISA.
ERISA imposes strict deadlines you must follow. Failure to adhere to the deadlines could result in the banning of your claim. It is vital that you hire an attorney who is experienced in handling ERISA claims.
Our lawyers are very familiar with ERISA and all major disability insurance companies. These include Prudential, Unum. Cigna, Aetna, The Standard, MetLife, Hartford, Reliance, Sun Life, Lincoln, Liberty, and many more. Our lawyers can help you in all phases of your claim.
Nebraska Law and the Importance of your Appeal
ERISA requires that lawsuits be filed in federal court. Additionally, the law requires that you complete the insurance company’s internal appeals process prior to filing suit. This is a critical stage in your fight for disability benefits.
The law generally favors insurance companies in these claims for disability benefits. Indeed, most disability policies contain a “discretionary clause.” This means that insurance companies have the authority to determine whether someone is disabled. As a result of this “discretion” most cases in Nebraska are decided under an “arbitrary and capricious” standard. This is a difficult standard favoring insurance companies. This requires that you prove the insurance company had no reasonable basis to deny benefits. Arguing that you are disabled is simply not enough. Judges are much more likely to rule in favor of insurance companies under this standard. Unlike other states, Nebraska has not passed a law banning this “discretion.”
ERISA also requires that the record be closed following a final denial of benefits. Once a final appeal is denied, you are no longer able to present new evidence. It does not matter how favorable this new evidence may be. The judge will only be presented with the record at the time of your appeal and kept by the insurance company. Our lawyers are familiar with this. Or lawyers will work with you to make sure the record reflects your disability.
Our Nebraska Disability Lawyers Can Help
Nebraska law does not favor disabled people. We highly recommend hiring an attorney who is knowledgeable of ERISA. At Wagar Dabdoub, our lawyers have extensive experience with ERISA claims.
Our firm helps individuals nationwide get their disability benefits. Our goal is to help you get the benefits you deserve. Call now to speak to one of our experienced attorneys.
Contact Dabdoub Law Firm to get the representation and legal guidance that you need. Schedule a free consultation today at (800) 969-0488.