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 nearly 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 has declared that discretionary clauses violate New York State Law.  Therefore, a New York disability claimant is now more likely to persuade a court to reject the arbitrary and capricious standard of review, which creates a level playing field. 

 

DISCLAIMER

This website provides general information on disability law topics as a public service. Information is intended be as accurate and current as possible, but should not be relied on legal advice.  No attorney/client relationship is created by viewing or using the content on this website.  Every case has distinctions, which is readers are advised to seek experienced legal representation in connection with disability related issues.  Our internet links are not associated with us, and we do not guarantee the accuracy of any information contained in any link.

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