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Our services
Process
Our legal methodology for long-term disability claims is a structured, evidence-based process. It begins with a comprehensive case evaluation, where we analyze your policy, medical records, and the insurer's denial rationale against ERISA standards and relevant case law. We then develop a strategic appeal, which includes gathering robust medical and vocational evidence, often involving independent medical examinations and functional capacity evaluations. Listed attorneys meticulously prepare all necessary documentation for the mandatory administrative appeal, a critical step where over 70% of claims are ultimately decided. For cases proceeding to litigation, we file suit in federal court, leveraging discovery and motion practice to advocate for your benefits. For specific claim types, we also handle specialized cases such as a denied disability claim.
Local Considerations — USA
Long-term disability law practice varies significantly across the United States due to differing federal circuit court precedents and local procedural rules. For instance, the Ninth Circuit (covering California and the West Coast) often applies a more claimant-friendly standard of review, while other circuits may be more deferential to insurer decisions. Regional economic drivers also influence claim types; tech hubs like San Francisco see claims related to repetitive stress and mental health, while industrial regions may have more physical injury cases. Our national practice is adept at navigating these jurisdictional nuances, ensuring tailored strategies whether a client is in New York, Boston, or elsewhere. We adapt our approach to the specific legal landscape of your region.
At a Glance
| Parameter | Reference Value |
|---|---|
| Typical Case Timeline (Initial Denial to Appeal) | 4-8 months |
| Administrative Appeal Success Rate (Industry Average) | ~30-40% |
| ERISA Mandatory Appeal Period | 180 days |
| Federal Litigation Filing Deadline | Varies by state, typically 1-3 years |
Standards & Compliance
- Employee Retirement Income Security Act (ERISA) of 1974
- Americans with Disabilities Act (ADA)
- Social Security Act Regulations for Concurrent Claims
- State-Specific Insurance Bad Faith Laws
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Frequently Asked Questions
What is ERISA and why is it critical for my disability claim?
ERISA is the federal law governing most employer-provided disability plans. It sets strict procedures for claims and appeals, imposes tight deadlines, and mandates that litigation occurs in federal court under a specific standard of review. Understanding ERISA's complex framework is essential, as missteps can forfeit your right to benefits.
What happens if my administrative appeal is denied?
If your appeal is denied, your next step is typically to file a lawsuit in federal district court. At this stage, the court's review is usually limited to the evidence presented during the administrative appeal. Listed attorneys prepare for this possibility from the outset, building a robust record to support potential litigation.
How long does the entire claims process typically take?
From initial denial through a completed administrative appeal, the process often takes 4 to 8 months. If federal litigation becomes necessary, it can add another 1 to 3 years depending on the court's docket and case complexity. We work to advance your case as efficiently as possible within these legal frameworks.
How much does long-term disability claims representation cost in the USA?
Each listed firm typically handles these cases on a contingency fee basis, meaning we only receive a fee if we successfully recover benefits for you. The specific percentage is agreed upon in our engagement agreement and is compliant with state ethical rules. Costs for expenses like medical records or expert reviews are typically advanced by the firm and reimbursed from the recovery.