Alabama Disability Lawyer
Our Alabama disability lawyers have helped many people in Alabama with their claims for disability benefits. Our firm can represent you during every phase of your claim for disability benefits. This includes assisting with the initial claim, or appealing wrongfully denied benefits. Our lawyers can also file lawsuits in Alabama.
A majority of disability claims fall under a federal law called the Employee Retirement Income Security Act (ERISA). Plans offered by employers to their employees generally fall under ERISA. Thus, if you are eligible for short term or long term disability benefits through your employment, it is likely governed by ERISA.
Under ERISA there are strict deadlines you must not miss. If you miss any deadlines you may no longer be entitled to receive disability benefits. It is important to consult with an Alabama disability lawyer if you have been denied benefits. The lawyers at the Dabdoub Law Firm have extensive knowledge of ERISA. We will work with you to make sure you meet all deadlines and remain eligible for benefits.
Alabama Law and the Importance of Your Appeal
ERISA requires that lawsuits be filed in federal court. In order to file a lawsuit you must file all required appeals. The appeal process is critical. It may be the last chance to submit important information.
The federal law favors insurance companies. Most disability policies contain a “discretionary clause.” This means that insurance companies are able to determine whether you are disabled. As a result of this “discretion” most cases in Alabama are decided under an “arbitrary and capricious” standard.
This standard favors the insurance companies. Under the arbitrary and capricious standard, proving the insurance company was wrong is not enough. You must prove that the insurance had no reason to deny your benefits. Arguing that you are disabled won’t suffice. Thus, judges are more likely to rule in favor of insurance companies. The state of Alabama has taken no action to ban this “discretion.”
ERISA also requires that the file is closed after a final denial. Once your final appeal is denied, you are no longer able to present evidence. It does not matter how favorable this new evidence may be. The judge will only be presented with the record at the time your appeal was denied. Our lawyers are familiar with this. Our lawyers help ensure the record reflects your disability.
Our Alabama Disability Lawyers Can Help
Alabama law favors the insurance companies. It is important you hire an attorney who is knowledgeable of ERISA. At the Dabdoub Law Firm, our lawyers have extensive experience with ERISA claims. We will work tirelessly to get your benefits approved.
Our firm helps individuals nationwide get their disability benefits. Our goal is to help you get the benefits you deserve. Call (800) 969-0488 now to speak to one of our experienced attorneys.