Dearborn National Disability & Lawsuit Tips

If you’ve recently submitted a claim for long term disability benefits to Dearborn National, or if you’re considering submitting a disability claim in the near future, you may be anxious about what to expect and how long the claims process will take. Learn more about what you should be able to expect after filing your claim for long term disability benefits from Dearborn National.

The Handling of the Lawsuit Will Be Different if Your Claim is NOT Governed by ERISA

The Employee Retirement Income Security Act (ERISA) is a federal law that governs the handling of group long term disability policies offered through an employer. Group claims that are covered by ERISA require claimants to exercise one mandatory disability insurance appeal at the internal level before the claimant can sue in federal court. Individual policies, on the other hand, may allow a claimant to file a disability insurance lawsuit (and, in many cases, secure a settlement) in state court, applying state law, as soon as the initial denial letter is issued.

There are Significant Advantages for a Claim that is Not Subject to ERISA

One of the advantages of an individual disability claim, as opposed to an ERISA claim, is the standard of review the trial court will apply to a civil disability insurance lawsuit for disability benefits. Under an individual policy, the claimant will generally need to show only that they are suffering a disability in accordance with the policy’s definition.

ERISA claimants, on the other hand, will need to show two things: 1) first, that the claimant is disabled in accordance with the policy’s definition; and 2) that Dearborn National’s denial of long term disability benefits was either “arbitrary” or “capricious.” This can be a high standard to meet, especially if the initial disability claim wasn’t well-developed when Dearborn National first considered it.

In both ERISA and individual policies, the administrative record – or what was submitted to Dearborn National in support of your claim for disability benefits – may be all that the trial court can consider when deciding whether to award disability insurance benefits pursuant to the terms of your long term disability insurance policy.

The Time Frame for Resolution of a Lawsuit Varies Widely Based on the Facts of Your Case

Each disability claim is different, and fitting the language of the policy to the circumstances of your case can make it hard to answer the question, “how long will this process last?” Some disability claims are fairly cut-and-dried and can be resolved quickly, while others may require more extensive therapy, treatment, or documentation. In some cases, something as seemingly minor as having a doctor who is reluctant to fill out claim forms can set claim resolution back by months.

One factor that can speed up the process regardless of how long it might take is whether the claimant has help from an attorney. Navigating the disability insurance claim process can be a challenge whether the disability policy is an individual one or an ERISA policy. Disability insurance claimants who are trying to deal with this paperwork and complex claim language while also newly navigating a disabling medical condition can quickly become overwhelmed.

Let Dell & Schaefer help. Our experienced team of disability insurance attorneys spans the country and has helped thousands of claimants recover the disability insurance benefits they’re owed. Visit our website today to set up your FREE consultation with one of our attorneys.


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Resources to Help You Win Disability Benefits

Disability Benefit Denial Options
Submit a Strong Dearborn Appeal Package

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

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Sue Dearborn

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

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

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

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Negotiate a Dearborn Lump-Sum Settlement

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

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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.