Ohio Disability Insurance Lawyer Representation for Your LTD Insurance Claim
If you are a resident of Ohio and would like assistance with your short or long term disability benefits claim, ERISA denial, long term care, life insurance or accidental death policy, there are several things you need to be aware of. Regardless of what stage of the claim process you are currently in, it’s usually best to consult a disability insurance lawyer and carefully go through your options before you file a disability benefits claim, appeal, or a lawsuit. In addition, it’s important to have an experienced lawyer who deals specifically with Ohio law because there are certain state-specific aspects that may affect the case.
Ohio residents that have had their disability insurance benefits denied can file a lawsuit in the County, Municipal, and Court of Common Pleas under a limited set of circumstances. Ohio’s state appellate courts include the Court of Appeals and the Ohio Supreme Court. If the disability claimant resides in Ohio and the disability insurance company is located in a different state, and the amount of disability benefits payable is greater than $75,000, then the lawsuit can be filed in Ohio Federal District Court. If the disability insurance policy is an employer provided policy governed by ERISA, then the disability claim must be filed in federal court. Ohio has two Federal District Courts, which are the Northern and Southern District of Ohio Federal Courts. An ERISA governed disability claim denial lawsuit can usually be filed in any state that the insurance company conducts business. According to the Ohio Department of Insurance there are more than 1,700 insurance companies that sell insurance products in Ohio.
When seeking assistance from a disability insurance attorney in Ohio, it is important to consider how much experience your lawyer has in dealing with your specific disability insurance company. At the Law Offices of Dell Disability Lawyers, we deal with every major disability company on a daily basis. We know every action that they will take. We have earned our reputation in both Ohio and Nationwide as aggressive, competent and reliable disability insurance lawyers. It is essential to hire an experienced attorney with a disability insurance law firm that has the resources, co-counsel network and experience to effectively represent disability insurance claimants against these nationwide disability insurance companies.
If you need attorney representation in Ohio, please contact us for a free phone consultation. We handle disability benefit claims at all stages: applications, appeals, and litigation of disability lawsuits. We are available to help you with any claim in the United States and you will not be required to come to our office. If we cannot assist you, we will try to refer you to someone that can. We encourage you to look around our extensive website and download our free E-brochure to learn more about our legal services.
What qualifies as a disability in Ohio?
In the state of Ohio, a disability is defined as an impairment that makes it difficult—if not impossible—for individuals to perform any type of substantial gainful activity on a regular basis. The disability must be expected to last at least 12 months or result in death. Furthermore, the disability must result from one or more of the following:
• An injury or illness that is physical, mental or both
• An injury or illness that is caused by a medical condition
• An injury or illness that is caused by an occupational hazard
• A mental impairment that causes marked limitations to the activities of daily living
• A mental impairment that substantially limits one or more major life activities
• A combination of impairments and disabilities which are severe enough to keep a person from engaging in any gain ful activity.
What is the appeal process for disability benefits?
After your initial application is denied, you may request a reconsideration of your application. During the reconsideration stage, a judge will listen to both sides of the case and make a determination regarding your eligibility for benefits. During this hearing, you are allowed to present evidence and witnesses that support your claim. Additionally, the judge may allow your attorney or representative to present arguments on your behalf. After all evidence is presented, the judge will issue a decision within 90 days of the hearing.
If the judge issues a denial after the hearing, you can appeal that decision. The appeals process begins with filing a request for review by the Appeals Council. This is done in writing and must be received within 60 days from the date of the judge’s final decision. You will also need to submit any new evidence within 10 days of filing the hearing request. The Appeals Council may deny your request or grant it and review your case. It may also return it to the administrative law judge for further proceedings.
If the Appeals Council denies your request, you may then file a civil action in federal district court. The attorney representing you will need to provide specific documents in order to gain admission to the court. Lastly, if all else fails, you can also appeal to the Ohio Supreme Court.
Do I have to file my disability denial lawsuit in Ohio?
In the event of a disability claim denial, our disability insurance attorneys will usually have the option of selecting one of several states to file the disability lawsuit. More than 80% of short-term and long-term disability insurance policies are governed by a federal law called ERISA, which means that a disability insurance attorney can usually file a lawsuit in any federal court in any state.
However, some disability policies are not governed by ERISA and in those cases, the disability lawsuit would be filed in the state where the policy was issued. The state of Ohio does not have a specific law that requires a disability claim to be filed in its court system. However, it is important for disability claimants to understand that even if the long-term or short-term disability policy was issued in a different state, they may still be able to file their disability lawsuit in Ohio.
Answers to Questions About Working With Us
I need a disability insurance lawyer near me. Do you work in Ohio?
Yes. We are a national disability insurance law firm with extensive experience and we are available to represent you regardless of where you live in Ohio or anywhere else in the United States. We have partner disability insurance lawyers in every state and we have filed lawsuits in most federal courts nationwide. Our long term disability lawyers represent disability claimants at all stages of a claim for disability insurance benefits, and we deal with clients who have a wide variety of medical conditions or have experienced injury. There is nothing that our lawyers have not seen in the disability insurance world, so please do not hesitate to give us a call for a free initial consultation.
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 clients to make our attorney fees as affordable as possible. The three available fee options are a contingency fee basis (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. We are certainly available to meet with you at any of our satellite offices located in either Ohio or another state, however following a review of your disability policy or any other pertinent documents and a free telephone conversation we are usually able to make a determination of how to best move forward with legal representation.
A successful claim will depend on the confirmation of your physician. With properly documented medical evidence our knowledgeable attorneys will make a determination of the best path forward. It is our job to try to get our deserving clients paid their disability insurance benefits as quick as possible; therefore we prefer to have an initial consultation via telephone.
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, text or an online meeting tool. 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. Whether you need help with the initial application process, ERISA-governed policy issues, employer-sponsored Long-Term Disability (LTD) Insurance problems, insurance company denial, appeals, or litigation processes, we are happy to help remotely.
How can I contact you?
When you call us during normal business hours, you will immediately speak with a disability insurance attorney. We can be reached at 800-698-9159 or by email. Because we have extensive resources, our lawyers and staff return all client calls the 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.
Reviews From Ohio Clients
Choosing a disability law firm to represent you in the application, appeals, or lawsuit stages is no easy task. You want to look for a law office with legal experts who have extensive experience in dealing with initial disability claims, appeals processes, and litigation, and have handled thousands of claims. It’s vital that your chosen disability insurance lawyers of Ohio have extensive legal resources, a well-earned reputation, and a high client satisfaction rate. Be sure to browse some of the client recommendations to make the best decisions:
Eric S. from Columbus
Cesar and his paralegal Vanessa were always engaged and went above and beyond taking a case I had trouble finding help with until I met them! After the lengthy appeal failed Cesar continued to work hard and he won a very satisfying settlement for me!
It’s a shame that we consumers look to insurance companies to provide for us in our time of need, yet they consistently do just the opposite when counting their premiums and holding on to them just as long as possible. The fact they reward their claim specialists with variable bonuses each year instead of paying them a straight salary tells the story most effectively. Of course those bonuses rise when beneficiaries lose. So sad. Thanks to Cesar’s negotiating skills it wasn’t as painful as the insurance company would have preferred…
Dell Disability Lawyers worked hard for my outcome, and I’d recommend their firm, and especially Mr. Cesar Gavidia to anyone looking for a satisfactory result in their disability claim. They have a well-deserved reputation of taking on the big companies and winning for their clients!
Stacy R. from Cincinnati
The level of professionalism and treatment I was given was excellent, and a breath of fresh air after dealing with the the long term disability company my self for a year. I was kept up to date on my case throughout the process. I am satisfied with my outcome and would highly recommend the firm.
Gary Z. from Springfield
Steve and Danielle were so wonderful to me and my wife. We were so upset with our situation with Cigna and I called Dell Disability Lawyers and was transferred to Attorney Stephen Jessup. I can’t explain how he eased my mind. He was so professional and educated on the subject of disability insurance and made me comfortable that he would help me. Any time I had a question I could call or email them and they got right back to me. The friendliness and helpfulness was amazing. Steve Jessup helped me win my case and I can’t thank him and his company enough.
We would definitely recommend your law firm to anyone who needs help with disability insurance. Steve reassured us and was so friendly and professional. I knew the first time I spoke with him he really cared about his clients. Danielle always got back to us either by phone or email very quickly. Thank you both very much.
We had a great experience considering we live in Ohio. All our phone messages were answered promptly. I have nothing negative to say. Keep up the good work.
Paul H. from Cleveland
I appreciate how they stayed on top of the situation and kept me up to date on the progress of my case. Both he and Sonia were very nice and helpful. They seemed to truly care and listened to all of my concerns.
Top 5 Disability Insurance Cases Resolved by Dell Disability Lawyers in Ohio
Aetna Overturns Denial of LTD for Former Employee of The Home Depot — An ex-Home Depot employee challenged Aetna’s denial of their long-term disability benefits. Aetna initially approved the benefits due to the employee’s disabling conditions, but later changed the definition of disability and denied further benefits. The employee, with the help of Attorney Alexander Palamara, appealed the decision, pointing out that Aetna’s reviewing doctor didn’t consider objective evidence. Multiple treating providers also confirmed that the employee couldn’t work. The appeal provided details of the employee’s medical consultations and treatments in 2017. The appeal concluded that Aetna’s denial should be overturned because of the overwhelming evidence supporting the employee’s disability. On December 20, 2018, Aetna reversed its decision and agreed to pay benefits for the period from March to October 2018. Additionally, further evidence from the Social Security Administration about the employee’s officially recognized disability status led Aetna to reinstate continued benefits.
Hartford Reinstates Disability Benefits to HR Manager — Rheumatoid arthritis (RA) can cause cognitive impairments along with severe joint pain. This often leads to disability insurance claims. A client, a former HR Manager with RA, sought help from Attorney Stephen Jessup to file a long-term disability benefits claim with Hartford. Initially, the client received benefits from Hartford and the Social Security Administration. However, after 15 months, Hartford terminated the client’s benefits. The client then asked Attorney Jessup for representation again. Jessup discovered that the independent doctor’s assessment, which Hartford relied on to terminate the claim, did not consider the cognitive demands of the client’s job. Neuropsychological testing confirmed the client’s cognitive decline and limitations. With this evidence, Attorney Jessup successfully appealed Hartford’s decision. As the appeal moved to the any occupation definition of disability, we remained confident in his client’s benefits continuing.
MetLife Approves Disability Benefits to Dentist With De Quervain’s — A dentist suffering from de Quervain’s Tenosynovitis, a painful condition affecting the tendons of the thumb and wrist, initially received disability benefits from MetLife. Despite undergoing surgery, the dentist continued to experience hand and wrist pain. MetLife questioned this, as the surgery was deemed successful, and the real cause of pain, nerve damage, remained uncertain. While a review of the dentist’s claim was ongoing, MetLife stopped paying benefits which prompted the dentist to seek legal help from Attorney Stephen Jessup. MetLife arranged two Independent Medical Examinations (IME), which confirmed nerve damage and linked it to pain, numbness and sensation loss in the dentist’s hand, however, MetLife delayed approval of the claim. After threat of legal action by Jessup, MetLife reinstated the dentist’s disability benefits and paid almost a year of due benefits. The insurance company’s continued review and queries are expected despite the approval. Given the complexity of disability insurers’ investigations, it is crucial to ensure that the insured’s medical records accurately reflect the symptoms, constraints and limitations they experience.
Sun Life Disability Claim Denial Reversed on Appeal for Funeral Home Director with Chronic Pain and Migraines — A claimant suffering from conditions such as Cervical and Lumbar Stenosis, degenerative joint disease, facet joint arthritis, and migraines was denied her long-term disability claim by Sun Life, despite previously being treated for over a year. Sun Life further attempted to make a low-ball lump sum settlement before the claim denial. The claim denial included surveillance and reviews by a Registered Nurse and a Medical Doctor. The nurse concluded that she was incapable of work, even at sedentary levels. After Sun Life dismissed this report to consult a doctor who assessed the claimant fit for medium-demand work, the claim was terminated. The claimant contacted Dell Disability Lawyer, Stephen Jessup, who argued that Sun Life had failed to consider the full extent of the claimant’s conditions. After a successful appeal and an independent examination, her claim denial was reversed.
Cigna Overturns Decision to Deny Short Term Disability Benefits to Independent Living Coordinator Suffering from Chronic Pain, Lupus, Fibromyalgia and Connective Tissue Disorder — A retired Executive Director for Independent Living Facilities was denied her claim for short-term disability benefits by Cigna, despite suffering from Lupus, Fibromyalgia, Connective Tissue Disorder and Rheumatoid Arthritis. Her first appeal, based on a statement from her doctor explaining her inability to work, was also dismissed. She reached out to Dell Disability Lawyers, who, upon examining her case, discovered Cigna didn’t have her full job description or crucial medical records that elucidated her medical conditions and work incapacity. Following an appeal with newly obtained occupational and medical evidence, Cigna reversed its decision, reinstating her disability benefits claim. However, the company continues to review her entitlement to long term disability benefits.
Ohio Courts, Government and Ohio Department of Insurance Information
- Ohio Court System Official Website
- Ohio Judicial System Court Structure
- Ohio Department of Insurance — Regulates all insurance companies that do business in Ohio.
Federal Courts
- U.S. Court of Appeals (6th Circuit) — This court has jurisdiction over appeals from United States District Courts located in Colorado, Michigan, Ohio, Kentucky and Tennessee.
- Northern District of Ohio Federal Court
- Southern District of Ohio Federal Court
