Disability insurance attorney Gregory Michael Dell and our team of Alaska disability insurance lawyers have been fighting for the rights and benefits of Alaskans and claimants nationwide since 1979. The same disability insurance carriers who make purchasing a policy from them easy frequently make collecting benefits from a claim next to impossible. You buy a disability policy in order to give yourself a financial cushion to protect you and your family if you become disabled and cannot work. It is unfair for the company to deny these benefits when you are entitled to them.
If you are disabled, unable to work and your claim has been denied, the time to fight back against the big insurance companies has come. They use high-powered law firms to find and create loopholes that allow them to limit or deny your claim. With Dell & Schaefer in your corner, you have no reason to fear those legal teams. We provide the legal power you need to combat this wrongful denial.
Standards of Review for Disability Appeals in Alaska
When an insurance provider avoids paying a claim by abusing their power to deny it without an adequate reason, it is referred to as acting in an “arbitrary and capricious” manner. If this is the situation in your claim, that denial may be unsound. Our Alaska disability insurance lawyers can help determine if the insurance company’s actions qualify your claim for a “trial de novo.” That means an opportunity to have your case heard again as though it is the first time. You may be eligible if the appeals court rules that a lower court was biased in their judgment and consequent denial of your claim.
Disability benefits claims made through individual policies will most likely be heard in a state court. However, under ERISA guidelines, federal courts govern group claims. If your policy was offered by your employer, it is probably a group policy, and your case will most likely be heard in federal court. Attorneys at Dell & Schaefer are very experienced in representing clients in both federal and state courts.
In general, a disability claim denial suit governed by ERISA can be filed in any state where the insurance company conducts business. Contact us today and let a Dell & Schaefer attorney evaluate your case to decide what steps should be taken next, as well as which court system you will need to work with.
Resources for Alaska Disability Insurance Benefits
Specific information about your Alaska’s justice system can be found in these links to the official government sites:
- Alaska Court System – Official website of the Alaska court system.
- Alaska Judicial Council – learn information and read evaluations about the Alaska state court judges.
- Official Government Website of the State of Alaska – Information regarding the state of Alaska governmental entities and resources.
- Alaska Department of Insurance – Regulates all insurance companies that do business in Alaska.
- United States Court Of Appeals for The Ninth Circuit – This court has jurisdiction over appeals from United States District Courts located in California, Arizona, Nevada, Oregon, Washington, Idaho, Montana, Alaska, and Hawaii.
- District of Alaska Federal Court
Call Today to Speak With Our Alaska Disability Insurance Lawyers
Call us today toll free at 800-682-8331. One of our experienced disability insurance lawyers can evaluate your case to determine if it warrants an appeal. During your free initial consultation, we will give you our honest valuation of your case and go over your legal options and the next steps you should take. We use software such as Skype and GoToMeeting to meet with clients who are not able to travel to one of our offices – it allows us a face-to-face meeting without the trip.
We are regularly updating any disability law changes in Alaska on this page. Bookmark our site to stay knowledgeable about developments that could affect your benefits. You can also search our resolved cases to learn more about how we help others like you who have disabling conditions.