• Do I Have to File an Appeal Before I Can File a Lawsuit?

If my disability insurance claim has been denied do I have to file an Appeal before I can file a lawsuit?

Disability attorney Stephen Jessup discusses whether you have to file an appeal prior to filing a lawsuit once your disability claim has been denied.

If your policy is a private policy or one that you purchased on your own, you do not have to file an appeal before bringing lawsuit. However, if your policy is governed by ERISA, you do have to exhaust administrative remedies before filing the lawsuit, so you do have to file your appeal. Just as a word of caution, there have been cases and instances where people thought it would be pointless to file their appeal, so they just brought lawsuit immediately and their cases were thrown out of court because they didn’t exhaust that administrative appeal.

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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   *****

John I.

Working with Dell & Schaefer has been one of the few pleasurable experiences about the whole LTD claim and claim management process. Attorney Gregory Dell has been incredibly accessible and responsive to all questions, both complex and mundane, and has helped me to navigate the murky waters of LTD claim management. I’m fairly confident that his ideas and counsel are the key reason my claim remains in good standing after five years of processing.

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