What to Expect in a Cigna Disability Benefit Denial Lawsuit

You probably feel as if the Appeal review conducted by Cigna was a sham and you never had a chance to have your Cigna disability benefit denial reversed. Your feeling of being called a liar by Cigna and questioning if it is even worth filing a Cigna disability appeal is exactly Cigna’s plan. The sad truth is that the law governing long term disability insurance claims favors disability insurance companies and therefore a high percentage of Cigna disability appeal denials are upheld. Cigna hopes that you will just go away and that they can strong-arm you to return to work out of financial necessity. The good news is that with a strong legal strategy your Cigna disability benefit lawsuit can result in a recovery of your disability benefits.

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What Should You Expect In A Cigna Disability Lawsuit?

Through our experience of having helped thousands of Cigna disability insurance claimants nationwide, we would like the opportunity to help you win your Cigna disability benefit lawsuit. In order to help you understand what to expect in a Cigna disability lawsuit, Attorneys Gregory Dell and Stephen Jessup have prepared the Cigna disability lawsuit video below. We encourage you to contact any of our disability insurance lawyers for a free immediate review of your Cigna disability claim denial.

When Can A Cigna Disability Lawsuit Be Filed?

The answer to this question depends on whether you have a policy governed by The Employee Retirement Income Security Act (ERISA) or a private insurance policy that is not governed by ERISA. If you have a Cigna disability that was provided to you as an employee benefit, then your claim is almost always governed by ERISA. An ERISA disability lawsuit cannot be filed against Cigna until you have received a denial of the appeal you submitted to Cigna. An ERISA lawsuit usually must be filed within either three years of your date of disability or the date of the final disability denial decision. If Cigna fails to make a timely decision on your appeal you can file suit without having to go through the appeal process.  

The law governing time periods to file lawsuits is known as the Statute of Limitations and it is an area of law that is regularly changing and not consistent from state to state. In a Non-ERISA disability benefit claim denial an appeal is usually not required by Cigna and most lawsuits can be filed 90 days after proof of loss is due but no later than 3 years after the date of denial. In our video below, disability attorneys Cesar Gavidia and Gregory Dell answer the question of whether you can sue Cigna:

The period of time in which a lawsuit must be filed can be a complicated analysis determined by a combination of the policy language and the law of the state in which the person was denied. The best thing to do in many cases to avoid a statutory problem is to file a lawsuit as soon as reasonably possible.


Our Clients Have Recovered Cigna Disability Benefits in 99% of our Cigna Disability Lawsuits


As much as we love to beat up Cigna for their wrongful disability claim denials, we know how to set our egos aside. Our goal for every client is to try to resolve their Cigna claim in the most expedient and efficient manner possible. Upon review of your disability denial letter from Cigna we can immediately let you know if you have a claim that we think we can help you with. We look forward to speaking with you to discuss your options against Cigna.

What Are the Most Challenging Issues in a Cigna Disability Lawsuit?

The most challenging aspect of any disability lawsuit is the fact that your Cigna disability benefit denial is likely governed by ERISA. ERISA is a pro-insurance company federal law that governs almost all employer-provided disability policies. ERISA was designed so that insurance companies could offer affordable benefits to employees and in return have limited lawsuit expenses if a disability claim is denied. If your disability policy was not provided by your employer, then you will not have to worry about the ERISA lawsuit limitations. In our video below, disability attorneys Stephen Jessup and Gregory Dell discuss the reasons why ERISA makes disability lawsuits against a company like Cigna challenging.

Five Reasons ERISA Disability Laws Favor Cigna 

  1. No jury trials are permitted;
  2. No punitive damages;
  3. Very limited discovery;
  4. The Judge usually must apply a standard of review that defers to the insurance company’s conclusion that you are not disabled;
  5. The Judge can remand the case back to Cigna for any additional chance to review the claim and deny it again;

How Much Does Our Firm Charge to Handle a Cigna Disability Lawsuit?

The proper preparation of a lawsuit against Cigna takes a lot of legal time and our law firm is selective in the type and quantity of cases we accept. Providing the highest level of legal work and personal attention to your claim is a fundamental mode of operation for every lawyer in our firm. We are not high volume social security lawyers that are trying to handle disability insurance claims against Cigna.

We have been handling claims against Cigna for over 30 years. We only handle Cigna disability lawsuits on a contingency fee basis. This means that we charge you a percentage of the disability benefits that we recover on your behalf. If we are not successful at recovering any disability benefits for you, then you do not owe us any attorney fees or cost for the work that we have done on your behalf. 

More than 90% of the disability lawsuits that we have handled against Cigna have resolved in a one-time lump sum settlement. We encourage you to review some of our Cigna resolved case summaries to learn more about our experience. Most of our Cigna disability lawsuit settlements have confidentiality provisions which limit our ability to discuss specific details about the cases.

Collecting Cigna Disability Benefits Is A Reality

Through our 30+ years of experience suing Cigna and our daily work on behalf of Cigna disability claimants nationwide, we have seen and we are constantly aware of every claims handling technique used by Cigna. We are one of the few law firms in the entire country that has the experience of going through a jury trial and receiving a favorable verdict against Cigna. As a result of our years of battling Cigna we have established a strong reputation and a unique litigation technique that allows us to cut through the traditional 18 to 24 month delay in resolving a Cigna disability lawsuit.

We encourage you to contact any of our disability insurance lawyers to discuss some strategies for a possible resolution of your Cigna disability denial. It is incredible and sad how many people we see give up the fight following a claim denial as they don’t want to deal with Cigna. Our lawyers make the lawsuit process as simple as possible for claimants by requiring almost no time or effort by the claimant to pursue a Cigna lawsuit. Any of our disability lawyers are available for an immediate free phone consultation to discuss your Cigna claim denial.

What are the Top 10 Reasons for Cigna Disability Denials?

  1. Cigna denied the claim based on objective medical evidence
  2. Cigna’s in-house doctor denied the disability claim
  3. With no exam a third party medical company denied a Cigna claim
  4. With functional limitations Cigna denied a disability claim because claimant has the ability to perform sedentary occupation
  5. After a compulsory medical exam a doctor hired by Cigna denied the disability claim
  6. Cigna denied claim based on a vocational consultant evaluation of employable with other occupation
  7. Cigna ignored claimants treating doctor’s opinion of limited work restrictions and denied claim
  8. Based on video surveillance Cigna denied disability claim
  9. My definition of disability changed from own occupation to any occupation and Cigna denied my disability claim
  10. Cigna based your denial on a mental disability and not a physical disability and therefore limited your benefits to 24 months

Resources to Help You Win Disability Benefits

Disability Benefit Denial Options
Submit a Strong Cigna Appeal Package

We work with you, your doctors, and other experts to submit a very strong Cigna appeal.

Learn more

Sue Cigna

We have filed thousands of disability denial lawsuits in federal Courts nationwide against Cigna.

Learn more

Protect Your Benefits
Get Your Cigna Disability Application Approved
We help claimants throughout the entire application process.

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Prevent a Cigna Disability Benefit Denial
We manage every aspect of your disability claim following claim approval.

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Negotiate a Cigna Lump-Sum Settlement

Our goal is to negotiate the highest possible buyout of your long-term disability policy.

Learn more

Answered Questions by Our Lawyers
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Showing 8 of 70 Answered Questions

Q: Why can Cigna get away with not paying me anything for my disability?

Answered on November 6th 2022 by Attorney Jay Symonds
A: Barbara: It sounds like you have a complex situation. Unfortunately, it also sounds like you had legal represe... Read More >

Q: Do I have to be an active employee to apply for LTD?

Answered on October 27th 2022 by Attorney Steven Dell
A: Lori: Generally speaking, if out on claim and a new/different disability arises you can add that to your exist... Read More >

Q: Can Cigna refuse to give me a copy of my short term disability policy?

Answered on September 2nd 2022 by Attorney Cesar Gavidia
A: Dave, since the policyholder is your employer CIGNA can refuse to provide it to you. You should contact your e... Read More >

Q: Is my plan governed by ERISA?

Answered on October 9th 2020 by Attorney Alex Palamara
A: LeRoy, we will have to review the policy in order to give an opinion as to whether it would be governed by ERI... Read More >

Q: Can I add a physical disability claim to my mental health one without seeing a doctor (hard to get an appointment with COVID)?

Answered on April 14th 2020 by Attorney Cesar Gavidia
A: Heather, the only way to effectively include your physical disability claim is to see a physician qualified to... Read More >

Q: Do you handle CIGNA cases in Florida?

Answered on February 12th 2020 by Attorney Rachel Alters
A: Vito, yes. We absolutely do handle Cigna cases in Florida. Please email me at Rachel@diattorney.com and send... Read More >

Q: How can Cigna get away with not answering my calls?

Answered on July 22nd 2019 by Attorney Stephen Jessup
A: Carol, knowing Cigna it sounds like they are approving your claim on appeal for a closed period of time and th... Read More >

Q: Do you handle closed cases only, or open ones as well?

Answered on May 10th 2019 by Attorney Stephen Jessup
A: Renee, we handle all types of open claims with Cigna – applications, claims handling, appeals, lawsuits, buy... Read More >
Helpful Videos
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Showing 12 of 888 Videos
Disability Benefit Tips
(330)
Showing 8 of 330 Benefit Tips

Is Cigna Seeking To Offset Disability Benefit by Social Security Survivor Benefit?

I recently spoke with a gentleman who called into our office who has been receiving long term disability benefits from Cigna for several years... Read More >

Is Cigna's Denial of Your Appeal Really a Denial?

Following the submission of your appeal has Cigna sent you a letter stating that after review of the information provided on appeal their deci... Read More >

What Should a Claimant Expect When Suing Cigna or any Other Disability Company for Long Term Disability Benefits?

ERISA disability lawsuits are complicated due to the pro-insurance company laws. Our disabili... Read More >

Are Cigna Short Term Disability Denials on the Rise?

When it comes to claims for short term disability benefits under ERISA governed group policies, more often than not the short term disability ... Read More >

Cigna's latest strategies for handling and denying disability benefit claims

Watch Gregory Dell and Stephen Jessup discuss Cigna's latest strategy for handling disability... Read More >

Is a Claimant's Complaints of Pain Enough to Qualify for Short or Long Term Disability Insurance Benefits?

The answer to this question applies to the vast majority of long term disability insurance claims that we handle on a daily basis. Pain is sub... Read More >

Is My Insurance Company Allowed to Take An Offset of My Monthly LTD Benefit for Social Security Benefits My Kids Receive As A Result of My Disability?

It is common practice for insurance companies to find ways to limit the amount of money they have to pay to claimants. If you are receiving lo... Read More >

Is My "No-Fault" Auto Insurance Settlement an Offset Under My Long Term Disability Insurance Policy?

If your policy is an employer provided group disability policy governed by ERISA, then any proceeds you receive from a settlement based on "No... Read More >
Dell Disability Cases
(375)
Showing 8 of 375 Dell Disability Cases

Cigna Sued For Failing To Make A Timely Decision on Appeal

If your disability insurance claim has ever been denied you will have received a formal denial letter from your insurance carrier in which you... Read More >

CIGNA Overturns a Waiver of Premium for Group Life Insurance Policy

In early 2019, the widow of a decease man contacted our firm as she was troubled by the actions of CIGNA, also known as Life Insurance Company... Read More >

Cigna Admits Error In Denying Disability Benefits

Our client, a former school teacher, suffering from multiple severe medical conditions including autonomic nervous system damage, small fiber ... Read More >

CIGNA Overturned Their Denial of LTD Benefits for Nevada Healthcare Coordinator

Our client, Ms. G, formerly worked as a Healthcare Coordinator for a large regional healthcare provider. For many years Ms. G suffered from ch... Read More >

CIGNA Denies Technology Manager under the Own Occupation Provision & Dell Disability Lawyers Wins Appeal

Our client, Mr. N, formerly worked as a Technology Manager / Vice President for a large bank. For many years Mr. N suffered from chronic debil... Read More >

CIGNA overturned previous denial of waiver of life insurance premiums

Our client was the husband and beneficiary of Ms. S, who formerly worked as a registered nurse for a regional Healthcare System. In January 20... Read More >

Dell Disability Lawyers successfully appeal denial of benefits to claimant with CRPS/RSD

Ms. S contacted our firm after receiving a letter from her disability carrier, Cigna, denying her claim for short term disability benefits und... Read More >

LINA overturned its previous LTD denial for Medical Technologist

Our client, Ms. H, formerly worked as a Medical Technologist for a National Clinical Laboratory. In July 2017 a number of medical issues, incl... Read More >
Disability Lawsuit Stories
(765)
Showing 8 of 765 Lawsuit Stories

Cigna Denial of LTD Benefits for Schlumberger Shop Manager Upheld

In Jerry Courville v. Life Insurance Co of North America (LINA), Plaintiff was employed as a shop manager for Schlum... Read More >

Missouri Court Rules Cigna Wrongfully Terminated Disability Benefits

In the case of Lapidus vs. Life Ins. Co. of N. Am. a Missouri federal court ruled against Cigna finding that Cigna wrongfully terminated long ... Read More >

Missouri Court Orders Cigna to Pay LTD Benefits to Medical Sales Executive

The Plaintiff in this case was vice-president of Medical Benefits at BJC Healthcare when a severe back condition required her to have a spinal... Read More >

Cigna's Termination of Disability Benefits was Arbitrary and Capricious

The case of Lani Kyle Moar v. Cigna Corporation, et al., demonstrates the lengths insurance companies will go to avoid paying long term disabi... Read More >

Court Criticizes Lina For Failing to Perform Independent Examination

Disability Insurance companies are criticized often for failing to perform independent medical evaluations and instead relying exclusively on ... Read More >

Lockheed Martin Systems Integration Analyst Wins Long-term Disability Lawsuit against CIGNA

Cal Van Steen had been employed as a Systems Integration Business Analyst at Lockheed Martin Corporation and participated in the company’s g... Read More >

Colorado District Court overturns denial of benefits by Life Insurance Company of North America

In Johnson v. Life Insurance Company of America, a Colorado District Court ruled in favor of the claimant finding LINA’s decision unsupporte... Read More >

Texas Judge Disagrees with Cigna and Applies Claimant Friendly Disability Standard of Review

In Brasseur v. Life Insurance Company of America (LINA), Plaintiff Wilfred Brasseur, a computer engineer, worked in the Houston office of Chic... Read More >

Reviews from Our Clients

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5 Ways We Help Get Your Benefits Paid

Get Your Disability Application Approved

Our goal is to get your application for disability income benefits approved. Applying for disability benefits can be a difficult process and the information you provide is critical. Most disability insurance companies look at your application in hopes of finding a reason to deny your claim. Your disability company will ask you to complete numerous forms, interview you, request lots of information, speak with your doctors and possibly request to have you examined by their "hired gun" doctor.

Through our experience of having helped thousands of disability insurance claimants, our lawyers will guide you through the entire application process and give you the best chance to get your disability claim approved the first time.

Submit A Strong Appeal Package

If your disability insurance benefits have been wrongfully denied, then our lawyers know exactly what it takes to get your disability claim approved. You only get once chance to submit an Appeal, therefore every piece of evidence that will support your disability claim must be included. The goal is to win your disability benefits at the Appeal level, but while preparing your Appeal you must consider how a federal judge will review your disability claim if your benefit denial is upheld.

Preparing a strong disability appeal package is an art that requires you to understand how the courts interpret your disability policy language, ERISA regulations / laws, and how to strategically present evidence in support of your definition of "disability". We encourage you to contact any of our lawyers for a free immediate review of your disability denial.

Sue Your Disability Company

98% of the disability insurance lawsuits filed by our law firm have resulted in either the payment of benefits or a lump-sum settlement agreement. Our disability lawyers have filed ERISA governed and private policy long term disability insurance lawsuits against every major disability insurance company in state and federal courts nationwide and we love fighting for the "little guy" against the multi-billion dollar insurance company giants.

We have recovered hundreds of millions of dollars for our clients and we would like the opportunity to provide you with a free review of your disability benefit denial. There are many complex factors in a disability benefit lawsuit and the legal battle to win long term disability benefits can be fierce.

Prevent A Disability Benefit Denial

Approval of long-term disability is a continuous process as every disability insurance company will evaluate your eligibility for benefits on a monthly basis. You can never let your guard down and assume that your disability company will continue to pay your benefits for as long as you think you need them.

Our law firm offers a reasonable flat fee monthly claim handling service in which we handle every aspect of your long-term disability claim and do whatever it takes to make sure you are paid every month.

Negotiate a Lump-Sum Settlement

Let's discuss if a lump-sum settlement or buyout of your disability insurance claim is both available and makes financial sense for you. Our lawyers have negotiated more than five-hundred million dollars in disability insurance buyouts and we know how to get you a maximum settlement. A disability insurance company is not required to offer a buyout and not every disability company offers them.

Questions About Hiring Us

Who are Dell Disability Lawyers?

We are disability insurance lawyers that know how to get your short or long term disability benefits paid. As a nationwide law firm we have helped thousands of disability insurance claimants throughout the United States to collect hundreds of millions of dollars of disability insurance benefits from every major disability insurance company.

In more than 98% of our cases, our lawyers have been able to either get our clients paid monthly disability benefits or obtain a one-time lump-sum settlement. Our lawyers have seen it all when it comes to disability insurance claims and we know exactly what it takes for your disability claim to be approved.

We welcome you to contact any of our attorneys for a free immediate review of your disability claim. We also invite you to visit and subscribe to our YouTube channel where we have more than 700 videos and regularly provide tips to help protect your disability benefits.

Who do you help?

Our lawyers help individuals that have either purchased a long term disability insurance policy from an insurance company or obtained short or long term disability insurance coverage as a benefit from their employer. We have helped individuals in almost every type of occupation with monthly disability benefit payments ranging from $1,500 to $50,000.

Our clients include all types of employees ranging from retail associates, sales representatives, government employees, police officers, teachers, janitors, nurses, pilots, truck drivers, financial advisors, doctors, dentists, veterinarians, lawyers, consultants, IT professionals, engineers, professional athletes, business owners, and high level executives.

A strong understanding and presentation of the duties of your occupation is essential for securing disability insurance benefits.

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 phone, email, fax, GoToMeeting 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 800-698-9159 or by email. Lawyers 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.