South Dakota Disability Insurance Attorney
Handling a Variety of Disability Insurance Matters State & Nationwide
Navigating the disability insurance claims process can be extremely complicated and confusing. It is important that you have the right legal team by your side, one that can effectively protect your rights and advocate for you at every stage.
At Dabdoub Law Firm, we are extensively familiar with disability insurance—in fact, we devote 100% of our practice to this area of law. Our firm offers nationwide representation in all types of disability insurance claim matters, including initial filings, appeals, lump-sum negotiations, and federal lawsuits. We are well-versed in the South Dakota legal landscape and can assist you with all aspects of your claim. Our goal is to secure the benefits you are owed.
Representation for All Disabled Individuals
Our firm has successfully represented clients with all types of disabilities from across a broad range of industries. We have assisted disabled medical professionals, office workers, civil engineers, construction workers, and others in securing their rightful benefits; to date, we have recovered millions of dollars total on behalf of our clients.
Our team has successfully helped individuals with the following medical conditions:
- Back pain
- Cardiovascular disease
- Carpal tunnel
- Chronic pain
- Cognitive impairment
- Crohn’s disease
- Degenerative disc disease
- Hearing loss
- Lyme disease
- Mental health disorders
- Muscular dystrophy
- Post-traumatic stress disorder
- Respiratory illness
- Rheumatoid arthritis
- Thyroid disorders
- Traumatic brain injuries
- Vision loss
Please note that this is not a comprehensive list; regardless of the disability or medical condition you have, our South Dakota disability insurance attorneys can help you seek the short-term and/or long-term benefits you deserve.
Experienced Legal Assistance with ERISA Cases
Most disability insurance claims are governed by the Employee Retirement Income Security Act of 1974, or ERISA. This federal Act oversees employer-provided disability benefits and related disputes. It also enforces strict deadlines; failure to meet these deadlines can result in the loss of the ability to bring a claim or lawsuit. In other words, if you fail to meet ERISA deadlines, you will not be able to recover benefits.
Under ERISA, you only have 180 days to request an appeal if your short- or long-term disability benefits are denied or terminated. Typically, you must follow the insurance company’s appeals process prior to filing a lawsuit, making this an important first step in fighting for your benefits.
At Dabdoub Law Firm, we can assist you in submitting your initial appeal and, subsequently, filing a lawsuit in federal court (if appropriate). If your case falls under ERISA, you are not required to work with an attorney who is physically located in South Dakota. However, we strongly recommend that you choose a legal team that is familiar not only with federal proceedings but also with the state’s particular legal landscape.
What Makes South Dakota Disability Cases Unique?
Unlike many other states, South Dakota has banned the use of “discretionary clauses” in disability insurance policies. Discretionary clauses are highly favorable to insurance companies, as they grant authority to insurance companies when it comes to determining what is—and what isn’t—a disability. This, in turn, made it so that courts generally gave insurance companies the benefit of the doubt when reviewing denied claims or termination of benefits. Claimants, on the other hand, were required to prove that an insurance company’s decision to deny or terminate benefits was entirely unreasonable and without basis.
Fortunately, South Dakota’s state legislature recognized this practice as unfair and made it so that insurance companies cannot include discretionary clauses in disability policies. While this does ease some of the burden on those who wish to appeal denied claims or benefits termination, it does not necessarily mean that the appeals process will be an easy one.
At Dabdoub Law Firm, we recommend that you work with a legal team that has intensive knowledge of the disability insurance legal system. Our South Dakota disability insurance lawyers have devoted decades to representing disabled individuals and beneficiaries of disability insurance policies.
Contact Our Firm Today for a Complimentary Consultation
We understand the challenges you are facing, and we have what it takes to win the benefits you are owed. Our legal team can aggressively negotiate a favorable lump-sum settlement on your behalf or, if necessary, pursue your case before the federal court.
Dabdoub Law Firm represents clients throughout South Dakota and nationwide in all types of complex disability insurance matters. If you would like to speak to a member of our legal team during a free, confidential consultation, please do not hesitate to reach out to us today.