Indiana Disability Lawyers
Our disability insurance attorneys have experience with ERISA and long-term disability claims across the country, including with clients in Indiana.
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 before submitting your appeal.
Do I need to have an attorney in Indiana 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 Indiana. There is nothing specific to Indiana 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.
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 Indiana unique in a federal case?
Indiana passed Bulletin 103, which attempted to make dealings with insurance companies fairer by banning discretionary language. If an insurance company has discretion, it makes your case harder to prove. You prove that you are disabled and also, that the insurance company acted unreasonably. This is a difficult, though not impossible, standard to meet.
Unfortunately, Indiana’s discretion ban does not apply to ERISA benefit plans. So, if you received your disability plan from your employer. This ban will not help you and there is no real benefit to filing your lawsuit in Indiana.
Though most long-term disability cases are governed by federal law, our attorneys make sure to stay up to date on state laws that might affect your case. Accordingly, we are willing and able to help with your case in Indiana.
If there is ever a time that you need a local attorney, we will not hesitate to let you know. Contact Dabdoub Law today.