Wyoming Disability Lawyers
Our experienced long-term disability insurance attorneys have represented clients across the country. ERISA stands for the Employee Retirement Income Security Act of 1974 and it governs all disputes for benefits provided by an employer. If your disability claim is governed by ERISA, you must meet strict deadlines for face severe consequences.
We are familiar with the legal landscape regarding ERISA in every state, including Wyoming. Our attorneys have experience with:
- ERISA-governed short-term and long-term disability claims;
- ERISA appeals;
- ERISA litigation; and,
We also handle non-ERISA and ERISA exempt disability insurance disputes.
Does my disability attorney need to be in Wyoming?
If your long-term disability benefits were denied or terminated, and your case is governed by ERISA, you have a right to appeal. You should consult with an attorney before filing your appeal, as this is often your last chance to submit evidence to support your case. If your appeal is denied, you will have the option to bring a lawsuit in federal court.
While your disability attorney does not need to be located in Wyoming if your case is governed by ERISA, it is vital that he or she has expertise in ERISA long-term disability claims, appeals, and litigation.
Is Having a Wyoming Disability Case Different?
If your employer’s long-term disability insurance policy was issued in Wyoming or you live in Wyoming, you have a benefit that is not available to everyone seeking disability benefits. The Wyoming legislature passed a law that bans discretionary clauses in disability insurance policies. What this means is that Wyoming law will help your chance of winning your disability case in federal court.
Many disability insurance policies have discretionary clauses. These clauses give the insurance company the sole power to make benefit decisions. The legal effect this has is that when a federal judge reviews your case, he or she must give the insurance company discretion - or, the benefit of the doubt. In short, the court will assume the insurance company’s decision to deny or terminate benefits was correct and you must prove the decision was completely unreasonable in order to win. This is a very difficult standard to overcome.
Wyoming’s legislature recognized this problem and how unfair it is to an individual fighting for disability benefits. By banning discretionary clauses in all disability insurance policies, a court can look at the evidence -- without deferring to the insurance company -- and make its own decision as to whether or not you are disabled. While many states have banned discretionary clauses in disability insurance policies, not all of them have done the same as Wyoming.
Hiring an Experienced Disability Insurance Lawyer is Important
Because our law firm has always focused only on disability insurance law, the firm has successfully represented hundreds of clients across the country. We have won several major disability lawsuits and have fought UNUM, Hartford, MetLife, CIGNA, Prudential, and more.
Because federal law applies to most disability insurance claims, we can help you even if we are not located in your state.
Disability insurance companies have lawyers. You should too. Call Dabdoub Law Firm to get experienced disability lawyers on your side.
We can help with:
- Submitting a disability insurance claim;
- Appealing a long-term disability denial;
- Negotiating a lump-sum settlement; or
- Filing a lawsuit against your disability insurance company.
Call for a free consultation with a disability attorney.