Utah Disability Lawyer
Seeking Short & Long-Term Disability Benefits
You rely on your disability insurance provider to pay your rightful benefits. But when the insurance company denies your claim or terminates your benefits, you can find yourself struggling to make ends meet.
At Dabdoub Law Firm, we represent clients nationwide in all types of disability insurance matters, from filing your initial claim to appealing a denial to bringing a lawsuit against the insurance company in federal court. We have decades of experience and devote 100% of our practice to this area of law, meaning we have the knowledge, resources, and skill to effectively advocate for you. Whether you need help with a short-term or long-term disability claim, are entitled to benefits through your employer or individual disability insurance, our firm is ready to help.
Lump-Sum Disability Payments
There are several scenarios in which your disability insurance provider may offer you a lump-sum payment. In some cases, this could be to your advantage. In other instances, however, the insurance company may offer a lump-sum settlement that falls far below the full amount you are owed.
If you have been offered a lump-sum payment, whether in the form of a claim settlement or for back pay of disability benefits, it is a good idea to learn more about your options by contacting a legal professional. At Dabdoub Law Firm, our Utah disability insurance lawyers can not only go over your options with you, but they can also negotiate a favorable lump-sum settlement from the insurance company.
How to Appeal a Denied Disability Claim in Utah
If the insurance company denies your claim or terminates your benefits, you are legally allowed to request an appeal. If your case is governed by the Employee Retirement Income Security Act (ERISA), you will need to request an appeal within 180 days of receiving the official notice of claim denial. This is incredibly important, as missing this deadline will result in you losing your opportunity to recover benefits.
Additionally, the appeal is typically your last chance to secure benefits. Because of this, it is essential that you provide proper documentation of your disability and other supporting evidence to bolster your claim. If your final appeal is denied, your record will be closed, and you will no longer be able to submit new or additional evidence.
We strongly recommend that you work with a knowledgeable ERISA attorney if you wish to appeal a disability claim denial or reverse the early termination of your benefits. The disability appeals process is incredibly complex, and only an experienced attorney will be capable of guiding you through the process and representing your best interests at every stage.
What If the Appeal Is Denied?
If your appeal is denied, you have the option of filing a lawsuit against your insurance company in federal court. At Dabdoub Law Firm, we recommend hiring an attorney before submitting your appeal. However, if you have not yet contacted an attorney and your appeal has been denied, now is absolutely the time to seek legal assistance.
Cases that fall under ERISA must be litigated in federal court, meaning you need a lawyer who is equipped to represent you before a federal judge. Your attorney does not need to be physically located in Utah to handle your case.
Our firm can provide you with the information and assistance you need to move forward. We are well-versed in ERISA cases, as well as specific issues unique to Utah disability claims. Although disability insurance matters are generally governed by federal law, strive to remain up to date on legal developments that may affect disability insurance proceedings in your state. We are happy to discuss your case with you during a free and confidential phone consultation.
Can the Insurance Company Dispute My Disability?
The insurance company is allowed to dispute your disability, but they are not granted “discretion” in such matters. The state of Utah banned discretion in an attempt to even the playing field for disability insurance claimants. Unfortunately, state courts have yet to apply this ban in a way that benefits those filing claims. As such, there is no real benefit to filing a lawsuit at this time.
In states that permit discretion, insurance companies have the right to decide what constitutes a disability. Courts typically side with insurance companies in these matters, making it very difficult for disabled individuals to appeal denied claims. Simply proving a disability is usually not enough; instead, claimants must prove that the insurance company had no reasonable grounds to deny their claims.
How Dabdoub Law Firm Can Help
If you need assistance with any aspect of your disability claim, do not hesitate to contact Dabdoub Law Firm. We have successfully recovered millions of dollars in disability benefits for our clients and have gone up against every major disability insurance company in the United States. Regardless of the disability or medical condition you have, our Utah disability insurance attorneys are ready to fight for you.