How Ohio Long Term Disability Attorneys Can Help You
At Dabdoub Law Firm, our disability lawyers focus only on disability insurance claims. We can help you obtain long term disability benefits in Ohio every step of the way: from your initial claim, appeal, or lawsuit. Our disability attorneys know how disability insurance companies review claims for disability benefits and we have significant experience with the federal law that governs.
The Disability Company Won’t Pay My Benefits, Now What?
Most group disability policies are governed by a federal law known as the Employee Retirement Income Security Act of 1974 (ERISA). ERISA has rules that both the disability insurance company and the individual seeking disability benefits must follow.
Under ERISA, if your disability claim is denied or terminated, you have a right to appeal the decision directly to the insurance company. By law, you should be given at least 180 days to submit your appeal. It should include all of your medical records and as much written support from your doctors and others.
The appeal is very important because it is likely your last chance to offer any evidence, medical or otherwise, to support your disability claim - with few exceptions. If your appeal is denied, the next step is to file a lawsuit in federal court.
If you have not already hired a disability attorney, you should do so to help with your appeal. The rules that govern a federal ERISA lawsuit are complicated, detailed, and strictly enforced by the courts. Even the smallest mistake could ruin your case.
Ohio Long Term Disability Law
Ohio legislators have not passed state law that makes illegal one of the main reasons disability companies behave badly. In Ohio, a disability insurance company can include language in its policy granting itself discretion.
Discretion means the insurance company has the sole authority to make decisions on who is eligible for disability benefits. If a disability insurance policy has this language, then a judge will only reverse the insurance company’s denial of benefits if he or she finds the decision completely unreasonable, even if the judge disagreed. Not surprisingly, discretion makes it harder for a disabled person to win a long term disability lawsuit in court.
While Ohio law does not ban discretionary clauses, not all disability insurance policies contain this language or have it where it needs to be in order to be legally valid.
How We Can Help
The disability attorneys at Dabdoub Law firm know what to look for in your disability insurance policy. We have fought what insurance companies who try to get the benefit of discretionary language and won in court. Our firm’s focus is on ERISA and long term disability insurance law.
Our experienced Ohio disability attorneys can work to ensure you are taking full advantage of the law in your case.