Colorado Disability Lawyers
Our disability insurance attorneys have experience with ERISA and long-term disability claims across the country, including with clients in Colorado.
If your benefits have just been denied or terminated, you 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 to fully develop your case before submitting your appeal.
Do I need to have an attorney in Colorado to help with my appeal?
We do recommend consulting with an attorney before submitting an appeal, but your attorney does not need to be located in Colorado. There is nothing specific to Colorado law that will affect your appeal. It is more important for you to have an attorney with expertise in ERISA long-term disability claims and appeals than for you to have an attorney in your specific state.
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 lawsuit in federal court.
What makes Colorado unique in a federal case?
If your policy was issued to you in Colorado, there may be favorable law that applies to your case. The Colorado legislature passed a law which bans the use of “discretionary clauses” in insurance policies. If an insurance company has discretion, it makes your case harder to prove. You must prove that you are disabled and prove that the insurance company acted unreasonably. This is a difficult standard to meet. Colorado’s law attempts level the playing field and make the process more fair.
Unfortunately, the state of the law in Colorado regarding this ban on discretion is somewhat unclear. Certain courts have upheld the ban, while others have found that it is not applicable. The Tenth Circuit Court of Appeals, which has the authority to make a clear determination on the issue, has not yet addressed it.
For now, this is an issue that is unresolved. Our attorneys stay up to date on the state of law in Colorado, so that we know what arguments to make and can use the law to your advantage. Should you live in Colorado and need advice or assistance with your appeal or lawsuit, our attorneys are equipped to handle it. Contact us today to schedule your free case evaluation!