Utah Disability Lawyers
Our Utah disability lawyers have experience with ERISA and long-term disability claims. We have handled cases across the country, including Utah.
To secure the services of our firm, contact our Texas disability attorney for a free initial consultation at (800) 969-0488.
If your benefits have just been denied or terminated, you first need to file an appeal with your insurance company. Under ERISA, you have 180 days to do so. This appeal will likely be your last chance to submit evidence in your favor, so it is important to take time before submitting your appeal.
Do I need to have an attorney in Utah to help with my appeal?
We do recommend consulting with an attorney before submitting an appeal. Your attorney does not need to be located in Utah. There is nothing specific to Utah law that will affect your appeal.
It is more important for you to have an attorney with expertise in ERISA long-term disability claims than for you to have an attorney in your specific state.
Our experienced ERISA attorneys will speak with you over the phone to develop an appeal plan and execute that plan with you and your doctors. We have been successful in getting clients’ benefits reinstated across the country.
What happens if my appeal is denied?
If your appeal is denied and your case is governed by ERISA, you will have the option to bring a federal lawsuit. Our ERISA attorneys know how the federal courts operate in every state so that we can choose the most appropriate venue for your case. With an ERISA case, there can be a few options.
What makes Utah unique in a federal case?
Utah attempted to make ERISA cases more fair by banning “discretion.” Discretion gives insurance companies the upper hand in long-term disability cases governed by ERISA. If an insurance company has discretion, it means that unless a federal judge found the denial of benefits completely unreasonable, he or she was required to rule in favor of the insurance company.
Discretion makes it very difficult for a disabled person filing a lawsuit in court. It is not enough to prove that you are disabled.
Unfortunately, in Utah, the courts have not applied the ban on discretion in a way that would benefit disabled persons filing claims. Accordingly, there is no real benefit at this time to filing a lawsuit in Utah.
Though most long-term disability cases are governed by federal law, our Utah disability lawyers make sure to stay up to date on state laws that might affect your case. We are a nationwide law firm, able to help with your case. If there is ever a time that you need a local attorney, we will not hesitate to let you know.