Give the burden to us. Regain your peace of mind.
We’ll take it from here. Call now.

Free Case Consultation

Filing an ERISA Disability Lawsuit in Texas

Filing an ERISA Disability Lawsuit in Texas

Each year, millions of ERISA disability claimants are denied access to the benefits they paid premiums for. Some denials are legal and have a valid basis and some are illegal. If you were denied an ERISA disability claim, even if you were denied your first or second appeal, you do have another option.

Instead of giving up and accepting that you will not get your benefits, you may want to consider taking your claim to court. The representation of a qualified attorney may make filing an ERISA disability lawsuit in Texas less stressful and potentially successful.

Options After a Claims Denial

After a claimant received notice that their ERISA disability claim was denied, they can decide to do nothing and live with the decision or to take other steps to attempt to get their claim approved. If they decide on the latter, consulting an experienced ERISA insurance lawyer may help. Under the new law 29 C.F.R. § 2560.503-1, claims filed after January 1, 2018, can be litigated even while administrative remedies are being pursued.

Claims filed before that date will require the claimant to exhaust at least one, possibly two appeals, prior to filing a lawsuit. An attorney can help a denied claimant determine whether the case falls under the old or new laws.

ERISA Claim Types

In general, there are two types of claims a plaintiff can make in an ERISA disability case, a benefit claim and a breach of fiduciary duty claim. A benefit claim requires the plaintiff to prove that they cannot work due to a specific medical condition.

A fiduciary duty claim arises when those responsible for running the insurance plan misrepresent the plan, engage in unlawful acts, make imprudent investments, or fail to follow instructions. This type of claim can hurt the entire insured group or just one individual.

Limits to Damages in Texas

When a plaintiff files an ERISA disability lawsuit in Texas, their damages will be limited under the law. The individual can claim the benefits themselves, interest on the benefits that were previously due, and, under some circumstances, may be able to recover part of their legal fees. A plaintiff recovers these fees only if they win and only for the actual litigation time not the time spent on other remedies such as filing appeals.

Get Assistance with Filing an ERISA Disability Lawsuit in Texas from an Attorney

The process of applying for, appealing, and filing an ERISA disability lawsuit in Texas can be quite complicated and overwhelming. There are deadlines to meet and specific information that must be submitted to comply with federal laws. If these policies are not followed, the chances of being awarded your disability claim may completely disappear.

No matter where you are in the process, seeking the assistance of an attorney who is well-versed in insurance law can help make this process easier and potentially successful. If you have considered filing an ERISA disability lawsuit in Texas, contact a knowledgeable ERISA attorney today. They may be able to help you through the process and seek a positive outcome.

Our Client Testimonials

Contact Us Today

Complete the confidential form below for a free, no obligation case evaluation and we’ll tell you how we can help.
You may also call us at the number below.  J. Price McNamara and his legal support team are focused on building a strong case for you.

  • This field is for validation purposes and should be left unchanged.

Attorney Advertising. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Testimonials are not a guarantee, warranty, or prediction of the outcome of your case. By providing certain contact information herein, you are expressly authorizing the recipient of this message to contact you via the methods of communication provided.

Nuvew | Copyright 2019. All Rights Reserved