New York Disability Insurance Lawyer
Ensuring Plaintiffs Get Disability Benefits in New York State
Disability claims in New York are governed by the Employee Retirement Income Security Act, or ERISA. ERISA has strict guidelines for disability claims, so claimants with a New York disability insurance lawyer strengthen their chances of securing benefits. Because contested disability claims go through federal court, it’s critical to have legal guidance at every stage of the process.
For over 20 years, the New York disability claims attorneys at Dabdoub Law Firm have secured plaintiffs the benefits they were owed under the law. Our firm practices disability law exclusively, equipping us to handle cases of any complexity or at any stage of the process.
We have dealt with all major disability insurance companies. These include:
- Prudential
- MetLife
- Cigna
- Unum
- Aetna
- Hartford
- Reliance
- The Standard
- Sun Life
- Lincoln
- Liberty
- And many more
How ERISA Affects Your New York Disability Claim
Disability lawsuits under ERISA must be filed in federal court. Under ERISA, you cannot file a lawsuit until you complete the insurance company’s internal appeals process.
A majority of the cases in New York are decided under an “arbitrary and capricious” standard. This is a very difficult standard. This means that a judge cannot rule in your favor unless the insurance company acted completely unreasonably. A finding by the judge that you are disabled is not enough to win in court.
Under this difficult standard, your record is closed following a final denial of benefits. This means that once you have lost your appeal with the insurance company, you can no longer introduce any evidence. It does not how how favorable new evidence may be. Our lawyers are aware of this. We will work with you to gather as much medical support as possible during the claims process.
On occasion, New York courts have used a different standard. This happens when an insurance company has a known history of bias. In these cases, the courts used a much more lenient standard of review. Our lawyers are aware of this and will use it to your advantage when we can.
Our New York Disability Lawyers Can Help
Our goal is to help you get the benefits you deserve. We are a nationwide law firm helping people get their disability benefits. Our New York disability insurance lawyers will handle every phase of your claim for disability benefits. We have extensive experience with ERISA claims.
Call now to speak to one of our experienced attorneys.