• Guardian Disability Lawsuit & Benefit Denial Legal OptionsGuardian Disability Lawsuit & Benefit Denial Legal Options

What to Know About Appealing Guardian Disability’s Denial of Your Claim

When it comes to disability insurance companies, there’s one universal truth: they don’t make money by approving claims. But there are options, and it’s important not to take a denied disability insurance claim as the final answer when it comes to your disability insurance determination. You may be able to appeal the denial of your insurance claim and, if the facts are in your favor, you can win. Read on to learn more about what’s involved in filing a disability insurance lawsuit against Guardian Disability.

Guardian Disability Benefit Denial Lawsuits and What a Claimant Should Expect

Guardian Disability denied disability claim letters generally cover two types of policies:

Both individual disability insurance and ERISA policies have their own advantages and disadvantages and can be very different when it comes to litigating a disability insurance denial-of-benefits claim.

A Guardian Individual Disability Policy Provides A Claimant With More Options than a Group Policy

Simply put, an individual disability insurance policy provides you with far more rights than an ERISA or group policy when you’re appealing a denial of coverage. If you enlist the attorneys at Dell & Schaefer to assist with your Guardian Disability claim, we’ll instantly be able to see whether you have an individual or ERISA policy as soon as we review the policy itself.

If you have an individual policy, you can choose to file in state or federal court – but if you have a group or ERISA policy, you’ll have to litigate your disability insurance claim  in federal court, under broad federal laws and standards. Individual policies provide for a claimant’s potential recovery of not only the back benefits and attorney’s fees and costs, but also punitive damages (if you live in a state that allows punitive damages in breach-of-contract claims). ERISA policies, on the other hand, don’t allow disability insurance policy holders to request or recover punitive damages, no matter how egregious the insurer’s behavior was.

Finally, individual disability insurance policies allow claimants to request a jury trial, which can provide a huge advantage. Although the damages available are the same regardless of whether it’s a judge or jury trial, having the ability to present your case to a jury of your peers, cross-examine witnesses, and introduce documents can make the evidence of your disability seem more persuasive than a dry administrative record.

If you prevail in your claim, whether through litigation or in an out-of-court settlement, your case will be remanded for a determination of whether you’re currently disabled and are likely to remain disabled in the future.

Most Guardian Disability Insurance Lawsuits will Result in a Lump-Sum Buyout of Your Policy

What other types of case resolutions are common if your long term disability insurance appeal doesn’t ever make it to a jury (or judge)? The vast majority of these appeals settle before trial. This litigation is just too risky on both sides – insurance carriers don’t want to risk losing, and neither does the claimant (who may already be facing hefty medical bills or a long stint of unemployment).

Usually, before trial, a claimant’s attorney will send a settlement demand. When a disability insurance claim is settled, the claimant and insurance carrier have agreed to dismiss the claim for an agreed-upon lump sum to the plaintiff. The claimant will then sign a release making the policy null and void – essentially a “divorce” from the insurance company.

At Dell & Schaefer, let an experienced disability insurance attorney provide you with an immediate free consultation to discuss your Guardian Disability claim. Give us a call at 800-682-8331 or fill out the quick consultation form on our website to get in touch with one of our knowledgeable, compassionate attorneys today.

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FAQ

Do you help Guardian claimants nationwide?

We represent Guardian clients nationwide and we encourage you to contact us for a FREE immediate phone consultation with one of our experienced disability insurance attorneys.

Can you help with a Guardian disability insurance policy?

Our disability insurance lawyers help policy holders seeking short or long term disability insurance benefits from Guardian. We have helped thousands of disability insurance claimants nationwide with monthly disability benefits. With more than 40 years of disability insurance experience we have helped individuals in almost every occupation and we are familiar with the disability income policies offered by Guardian.

How do you help Guardian claimants?

Our lawyers help individuals that have either purchased a Guardian long term disability insurance policy from an insurance company or obtained short or long term disability insurance coverage as a benefit from their employer.

Our experienced lawyers can assist with Guardian:

  • ERISA and Non-ERISA Appeals of Disability Benefit Denials
  • ERISA and Non-ERISA Disability Benefit Lawsuits
  • Applying For Short or Long Term Disability Benefits
  • Daily Handling & Management of Your Disability Claim
  • Disability Insurance Lump-Sum Buyout or Settlement Negotiations

Do you work in my state?

Yes. We are a national disability insurance law firm that is available to represent you regardless of where you live in the United States. We have partner lawyers in every state and we have filed lawsuits in most federal courts nationwide. Our disability lawyers represent disability claimants at all stages of a claim for disability insurance benefits. There is nothing that our lawyers have not seen in the disability insurance world.

What are your fees?

Since we represent disability insurance claimants at different stages of a disability insurance claim we offer a variety of different fee options. We understand that claimants living on disability insurance benefits have a limited source of income; therefore we always try to work with the claimant to make our attorney fees as affordable as possible.

The three available fee options are a contingency fee agreement (no attorney fee or cost unless we make a recovery), hourly fee or fixed flat rate.

In every case we provide each client with a written fee agreement detailing the terms and conditions. We always offer a free initial phone consultation and we appreciate the opportunity to work with you in obtaining payment of your disability insurance benefits.

Do I have to come to your office to work with your law firm?

No. For purposes of efficiency and to reduce expenses for our clients we have found that 99% of our clients prefer to communicate via telephone, e-mail, fax, GoToMeeting.com sessions, or Skype. If you prefer an initial in-person meeting please let us know. A disability company will never require you to come to their office and similarly we are set up so that we handle your entire claim without the need for you to come to our office.

How can I contact you?

When you call us during normal business hours you will immediately speak with a disability attorney. We can be reached at 800-682-8331 or by email. Lawyer and staff must return all client calls same day. Client emails are usually replied to within the same business day and seem to be the preferred and most efficient method of communication for most clients.

Dell & Schaefer Client Reviews   *****

James C. (California)

Wonderful in every way. Great communication with me and with the carrier. Walked me through a very difficult time in my life. Received full benefits under the disability contract thanks to Cesar and his firm.

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