Litigating against a large disability insurer is time-consuming and costly. That’s what disability insurers are counting on when they cut off your benefits. They expect you to either be financially destroyed while fighting back or to give up altogether.
Fortunately for litigants who fight back when their long-term disability benefits have been terminated, there is a way to get the disability insurance company to reimburse their attorney’s fees. Under the federal statute ERISA (Employee Retirement Income Security Act), all you need show in your litigation is that you achieved some level of success against the insurance company. The court then determines the amount of money you should be reimbursed.
Consider the case of Dimopoulou v. First Unum Life Insurance Company. In that case, Unum was ordered to pay the disabled insured his attorneys fees even though the case had not yet reached its conclusion. Unum is a disability insurance company touted by judges and scholars as employing unfair tactics against vulnerable employees. The court found that Unum committed a bunch of errors in its decision to cut off the insured’s benefits. Unum failed to advise the disabled employee of its ever-changing claim review standards; Unum cherry-picked the medical records focusing on the parts they argued supported denial and ignored all the evidence that supported payment of benefits, and they were guilty of inconsistencies in their review of the claim.
As a result, the court remanded the claim back to Unum and asked Unum to fix their mistakes and do the right thing. Because the remand is considered a level of success for the insured, the court awarded her attorney’s fees.
When your long term disability claim is denied, don’t be discouraged by the time and expense associated with fighting the insurance company. Gisonni Law Firm focuses its practice on disability claims and litigation for the disabled in New York, New Jersey and the tristate area. For an understanding of your legal rights from the perspective of a highly experienced disability attorney, call Gisonni Law Firm today.