Does my disability insurance lawsuit need to be filed in State or Federal Court?

If your disability insurance policy is governed by ERISA then your disability lawsuit will be filed in Federal Court.

If you have an individual disability insurance policy, then it may be possible to file your lawsuit in either State or Federal Court.

There are pro and cons to both state and federal court which must be evaluated on a case by case basis.

The federal government has created a basic tutorial on the differences between State and Federal Courts.

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Questions About Hiring Us

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   *****

Monica J.

After a spinal injury and subsequent surgery which left me unable to continue working, I filed for my long term disability benefits on my own. As the extent of my injuries and disability were obvious, I expected that I would have no issues receiving the long term benefits through my employer’s carrier for which I had paid for several years. I could not have been more wrong.

After receiving a denial from the long term disability insurance carrier for the claim I filed on my own behalf, I researched legal firms specializing in assisting persons like me, who had been denied their benefits. I chose Dell & Schaefer because they had over 30 years successfully advocating disability claims; their reputation for obtaining benefits was stellar; and, after my initial consultation, I was impressed with their knowledge and professionalism.

Attorney Stephen Jessup did an exemplary job in obtaining a reversal on the denial of my long term disability benefit claim. At every step in the process, Stephen kept me informed, discussed all the issues with me, and treated me with respect and dignity. I appreciate the continued assistance and support of Dell & Schaefer and their team of knowledgeable disability attorneys and support staff. I would recommend Dell & Schaefer to anyone seeking to receive long term disability benefits for which they are entitled. This firm is successful in obtaining benefits for disabled clients. Further, they are knowledgeable, professional, personable, and most importantly approachable and responsive.

***** 5 stars based on 202 reviews

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Request a free legal consultation: Call 800-682-8331 or Email Us