Nebraska Disability Insurance Attorney
Representing Clients in All Types of Disability Insurance Matters
When you are seriously injured or develop a debilitating medical condition, your disability insurance provider is supposed to provide you with benefits to make up for your lost income and wages. However, many insurance companies make it exceedingly difficult for claimants to recover the short- and long-term benefits they are owed.
At Dabdoub Law Firm, we represent clients nationwide in an array of disability insurance issues. Our Nebraska disability attorneys can guide you through the initial filing process, represent you in appealing a denied claim or early termination of your benefits, or even file a lawsuit against your insurance provider. For more than two decades, we have dedicated our practice solely to disability insurance law; we know the ins and outs of the legal system, and we have the experience and resources needed to represent you in federal court.
What Is ERISA?
Most disability insurance claims fall under the Employee Retirement Income Security Act, or ERISA. ERISA is a federal law enacted in 1974 with the intent of protecting employee benefits participants and beneficiaries by requiring plan sponsors to disclose relevant data and information. Simply put, ERISA governs employer-offered disability plans. If you were offered disability coverage through your employer, your plan most likely falls under ERISA.
If your plan is governed by ERISA, it is incredibly important that you contact an attorney with specific experience in this area of law. ERISA imposes strict deadlines on disability claims; failing to follow these deadlines could result in you losing the opportunity to file a claim and seek disability benefits.
At Dabdoub Law Firm, we are extensively familiar with ERISA and disability claims that fall under this federal Act. Our Nebraska disability insurance attorneys have worked with all major insurance providers, including Aetna, CIGNA, Lincoln, Liberty, MetLife, Prudential, United of Omaha, and others. We aggressively negotiate favorable lump-sum settlements on behalf of our clients and, when insurance companies try to limit claimants’ benefits, we go to trial.
Appealing a Denied Disability Insurance Claim
If your disability insurance claim was denied, you can file an appeal. If your claim falls under ERISA, by law, you must complete your insurance company’s internal appeals process before filing a lawsuit in federal court.
Fighting a denied claim is an uphill battle. The law generally favors insurance companies, as most policies contain what are known as “discretionary clauses.” Such clauses grant the insurance company significant leeway when it comes to deciding whether a claimant is disabled or not.
Furthermore, most Nebraska disability insurance cases are decided based on an “arbitrary and capricious” standard, which, again, tends to favor insurance companies. Under this standard, it is not enough to simply argue that you are disabled; rather, you must prove that the insurance company lacked a reasonable basis on which to deny your benefits.
At Dabdoub Law Firm, we can assist you at every stage of the appeals process, including:
- Submitting the appeal
- Navigating your insurance company’s appeals process
- Meeting applicable ERISA and other deadlines
- Filing a lawsuit in federal court
Cases that fall under ERISA cannot be appealed again once a final appeal has been denied, meaning claimants cannot provide any new or additional evidence. Because of this, the initial appeals process is critical.
At Dabdoub Law Firm, we are extremely well-versed in appealing denied disability insurance claims in Nebraska and throughout the U.S. Our attorneys are highly experienced in ERISA cases, as well as claims that fall outside of ERISA. We have successfully handled numerous internal appeals and federal lawsuits against nearly every disability insurance provider. We can work with you to help ensure the record accurately reflects your disability and that you receive the rightful benefits you are owed.
Fighting for the Rights of Disabled Nebraskans
Although the law favors disability insurance companies, you have rights. At Dabdoub Law Firm, we are committed to protecting those rights and helping you secure the short- and/or long-term disability benefits you are owed. If you are experiencing any issues with your claim, including delayed payment of benefits or disputes from the insurance company, we urge you to contact our experienced disability insurance attorneys as soon as possible.
Our goal is to not only get you the benefits you deserve but also to guide you through each stage of the process. We understand that disability law is complex, which is why our team provides consistent communication and remains available to assist you with your questions and concerns. We have recovered millions of dollars in disability benefits for clients in Nebraska and nationwide, and we are ready to fight for you, too.