Our law firm will do everything to secure your disability benefits at the earliest possible time. However, in many instances, after a disability claim has been denied or terminated, it should be litigated. Some insurance companies and Administrative Law Judges force claimants to go to court in the hope that they will not pursue their disability claim. Our law firm has over a quarter century of litigation experience, and will not hesitate to file a lawsuit in order to get your disability benefits.
Litigation of many disability insurance claims and Social Security Disability claims are governed by federal law and take place in federal court. Disability claims that are not subject to ERISA are governed by state law and may proceed in either state or federal court. Regardless of the court in which you may need to litigate, we will explain the legal process to you in easily understandable language. At all stages of the litigation process, we will point out the issues to you and allow you to make the ultimate decision on important matters.
There is important news for New Yorkers whose disability benefits through their work or union were denied or terminated. When a court reviews a denial or termination of a New Yorker's disability benefits, it usually has to uphold that decision unless it was "arbitrary and capricious." That means even if the claimant has the better case, the insurance company or plan administrator could win. "Discretionary clauses" are what triggers the arbitrary and capricious standard of review. The New York State Department of Insurance is drafting regulations to prohibit discretionary clauses. Therefore, a New York disability claimant may soon be able to persuade a court to reject the arbitrary and capricious standard of review, especially in light of a recent Supreme Court ruling, which would create a level playing field.