New Jersey Disability Insurance Lawyer
Our New Jersey disability insurance lawyers have helped many people in New Jersey with their disability insurance claims. Our firm was built as a disability insurance law firm and to this day it is the only area of law we practice.
Group Disability Insurance Policy
Many employers throughout the state of New Jersey offer their employees group disability insurance coverage. Group disability insurance policies generally fall under a federal called the Employee Retirement Income Security Act of 1974 (ERISA).
ERISA is a very complicated area of law and as such most people do not understand it. It is so important to your claim that you hire an experienced ERISA attorney who knows how to properly navigate the law. In doing so, your chances of succeeding against the big insurance companies is much greater.
Why New Jersey Law is More Favorable to the Claimant
A rule was passed in New Jersey in 2007 which is supposed to change the standard of review in disability insurance cases in favor of the claimant. Its intention is to change the standard from arbitrary and capricious to de novo. Essentially, the rule took away “discretion” from the disability insurance companies. If the disability insurance company has discretion, it is very difficult for the claimant to win their case. The federal judge must find that the insurance company acted unreasonable in denying or terminating disability insurance benefits
Unfortunately, it is unclear whether the courts agree that this rule will change the standard of review and ban discretion. However, if the courts do agree and discretion is banned, the claimant has a much better chance of winning their case. The judge now has to only find whether you are disabled from working based on the medical evidence. The judge does not have to consider the reasonableness of the insurance company’s’ decision.
How We Help
Filing a claim in New Jersey is more favorable to the disabled and should be done whenever possible. If you currently live in New Jersey, or if you lived in New Jersey when the disability insurance company denied or terminated your disability benefits you may be able to file your lawsuit there. You may also file in New Jersey if you were living there when you became disabled.
Dabdoub Law Firm has helped hundreds of people with their ERISA disability insurance cases. We are familiar with the tactics of each insurance company and know what to expect when handling your claim.
Our experienced disability insurance attorneys can help you with your initial claim, appeal of a termination or denial, or even file a lawsuit on your behalf in Federal Court.