Tennessee Disability Insurance Lawyer
The disability insurance lawyers at Wagar Dabdoub are able to file lawsuits in the state of Tennessee. A majority of these claims fall under a federal law called the Employee Retirement Income Security Act (ERISA).
ERISA governs disability plans offered by employers to their employees. If you receive short term or long term disability coverage from your employer, your plan likely falls under ERISA. This law imposes strict guidelines you must follow. It is important that you hire an attorney who is experienced in handling ERISA claims. Our lawyers have helped many people in Tennessee with their claims.
Our firm has dealt with all major disability insurance companies. These include Unum, Cigna, Aetna, Prudential, Hartford, Reliance, The Standard, MetLife, Sun Life, Lincoln, Liberty, and many more. Our lawyers can help you in all phases of your claim. From submitting a claim to filing an appeal of wrongly denied benefits, our lawyers are here to help.
Tennessee Law and the Importance of your Appeal.
Under ERISA, disability lawsuits must be filed in federal court. Prior to filing a lawsuit, ERISA requires that you complete the insurance company’s internal appeals process. This is a critical stage in your fight for disability benefits.
Most disability policies contain a “discretionary clause.” This grants insurance companies the authority to determine whether someone is disabled. As a result of this “discretion” most cases in Tennessee are decided under an “arbitrary and capricious” standard. This is a harsh standard favoring insurance companies. It means that a judge cannot rule in your favor solely upon a finding that you are disabled. A judge must find that the insurance company had no reasonable basis for the denial of benefits. A finding by the judge that you are disabled is simply not enough.
Moreover, ERISA requires that the record is closed following a final denial of benefits. Thus, once you lose an appeal, you are no longer able to present new evidence. It does not matter how favorable this new evidence may be. If your case goes to court, the judge will only review evidence used by the insurance company to deny your appeal. Our lawyers are familiar with this. We will work hard to make sure the record reflects your disability.
Our Tennessee Disability Lawyers can help.
Tennessee law does not favor the disabled. Thus, we highly recommend hiring an attorney who is knowledgeable of ERISA. At Wagar Dabdoub, our lawyers have extensive experience with ERISA claims.
We are a nationwide law firm helping people get their disability benefits. Our goal is to help you get the benefits you deserve. Our Tennessee disability insurance lawyers will handle every phase of your claim for disability benefits. Call now to speak to one of our experienced attorneys.