New York Disability Insurance Lawyer
Our New York disability insurance lawyers are able to file lawsuits in the state of New York. In most cases, these claims fall under a federal law called the Employee Retirement Income Security Act (ERISA). This law governs disability plans offered by employers for the benefit of their employees. Therefore, if you receive long-term coverage through your employment, your plan is likely covered by ERISA.
Under ERISA, there are strict guidelines you must follow. It is important that you hire a New York disability insurance lawyer who is experienced in handling ERISA claims. Our lawyers have helped many individuals in New York with their claims.
We have dealt with all major disability insurance companies. These include:
- The Standard
- Sun Life
- And many more
New York Law and the Importance of Your Appeal
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.