Texas Long Term Disability Insurance Lawyer
Experienced Representation to Help You Receive Your Benefits
If you or someone you know has had their long term disability benefits denied or terminated in Texas, you should have a lawyer help you with your claim. Disability insurance companies handle hundreds of claims every day. A Texas long-term disability lawyer will know the methods the insurance company will use to not pay your disability benefits. At Dabdoub Law Firm, Disability Insurance & ERISA Attorneys, we have been successfully helping thousands of clients from coast to coast receive the rightful disability benefits they deserve for over two decades. Let us be your strong advocate during this difficult time. We have the skills and experience to help you with your claim.
Texas Disability Insurance Laws Are Better for the Disabled
For years, disability insurance companies had the upper hand in these types of cases when governed by the federal law known as ERISA. ERISA was created in the 1970s to allow many disability insurance policies give the claims administrator the authority to make decisions on who gets paid disability benefits. This provides “discretion” for the disability insurance companies.
This means that unless the judge deciding the case found that the disability insurance company had no reasonable basis to deny or terminate, he or she had to rule in favor of the insurance company. This ruling was necessary even if the judge thought the disability insurance company’s decision was wrong.
Discretion has made it hard for a disabled person to win a lawsuit that was filed in court against a disability insurance company. This is because an insurance company could be wrong for denying or terminating disability benefits and still win. Fortunately, this unfair advantage in the law came to an end in 2011. This is because the Texas Department of Insurance found these clauses to be deceptive and unfair. Texas state laws banned discretionary clauses in disability policies that were offered, issued, renewed, or delivered in Texas on or after February 1, 2011. Texas added this ban to life, health, and other policies on June 1, 2011. The Texas Insurance Code bans discretionary clauses in disability insurance policies. The Texas Administrative Code also has this ban. Courts have found that even though ERISA is a federal law, the Texas discretionary ban still applies.
Hire a Texas Long Term Disability Attorney at Dabdoub Law Firm
Filing your disability lawsuit in Texas will help you get the benefits of the state’s discretionary ban. If you are now living Texas, you can file your disability lawsuit in the state. You can also file your disability lawsuit in Texas if you worked there when you became disabled. If the disability insurance company denied or terminated your disability benefits while you were living in Texas, you may also file your lawsuit in the state.
Our Texas long term disability lawyers can help through every phase of a disability claim. This includes the initial claim process, the appeal of a denial or termination, and filing a lawsuit. We can also negotiate a lump-sum buyout of your claim if you are presently receiving long term disability benefits.
The Texas Administrative Code and Texas Insurance Code banning discretionary clauses.