What to Expect in a Lincoln Disability Benefit Denial Lawsuit

You probably feel as if the appeal review conducted by Lincoln was a sham and you never had a chance to have your Lincoln disability benefit denial reversed. You may feel that Lincoln is calling you a liar, causing you to question if it is even worth filing a Lincoln disability lawsuit is exactly Lincoln’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 Lincoln disability appeal denials are upheld. Lincoln hopes that you will 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 Lincoln disability benefit lawsuit can result in a recovery of your disability benefits.

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What Should You Expect In A Lincoln Disability Insurance Lawsuit?

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

When Can a Lincoln Financial Disability Insurance Lawsuit Be Filed?

The answer to this question depends on whether you have a claim that is governed by The Employee Retirement Income Security Act, also known as (ERISA.) If you have a Lincoln disability claim 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 Lincoln until you have gone through the appeals process and received a denial of the appeal for long-term disability benefits.

An ERISA lawsuit usually must be filed within either 3 years of your date of disability or the date of the final disability denial decision. If Lincoln fails to make a timely decision on your appeal, you can file suit without having to wait for Lincoln’s appeal decision. 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 administrative appeal is usually not required by Lincoln 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. 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 Lincoln Disability Benefits in 99% of our Lincoln Disability Lawsuits


As much as we love to beat up Lincoln 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 Lincoln claim in the most expedient and efficient manner possible. Upon review of your disability denial letter from Lincoln 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 Lincoln.

What Are the Most Challenging Issues in a Lincoln Financial Disability Insurance Lawsuit?

The most challenging aspect of any disability lawsuit is the fact that your Lincoln financial disability insurance lawsuit denial is likely governed by ERISA, 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 Lincoln challenging.

Five Reasons ERISA Disability Laws Favor Lincoln 

  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 Lincoln for any additional chance to review the claim and deny it again

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

The proper preparation of a lawsuit against Lincoln 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 Lincoln.

We have been handling claims against Lincoln for over 30 years. We only handle Lincoln 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 Lincoln have resolved in a one-time lump sum settlement. We encourage you to review some of our Lincoln resolved case summaries to learn more about our experience. Most of our Lincoln disability lawsuit settlements have confidentiality provisions which limit our ability to discuss specific details about the cases.

Collecting Lincoln Disability Benefits Is A Reality

Through our 30+ years of experience suing Lincoln and our daily work on behalf of Lincoln disability claimants nationwide, we have seen and we are constantly aware of every claims handling technique used by Lincoln. 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 Lincoln. As a result of our years of battling Lincoln 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 Lincoln disability lawsuit.

We encourage you to contact any of our disability insurance lawyers to discuss some strategies for a possible resolution of your Lincoln 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 Lincoln. 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 Lincoln lawsuit. Any of our disability lawyers are available for an immediate free phone consultation to discuss your Lincoln claim denial.

What are the Top 10 Reasons for Lincoln Disability Denials?

  1. Lincoln denied the claim based on objective medical evidence
  2. Lincoln’s in-house doctor denied the disability claim
  3. With no exam a third party medical company denied a Lincoln claim
  4. With functional limitations Lincoln denied a disability claim because claimant has the ability to perform sedentary occupation
  5. After a compulsory medical exam a doctor hired by Lincoln denied the disability claim
  6. Lincoln denied the claim based on a vocational consultant evaluation of employability in another occupation
  7. Lincoln ignored claimant’s treating doctor’s opinion of limited work restrictions and denied claim
  8. Based on video surveillance Lincoln denied disability claim
  9. My definition of disability changed from own occupation to any occupation and Lincoln denied my disability claim
  10. Lincoln 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 Lincoln Financial Appeal Package

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

Learn more

Sue Lincoln Financial

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

Learn more

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

Learn more

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

Learn more

Negotiate a Lincoln Financial Lump-Sum Settlement

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

Learn more

Lincoln Financial Reviews
(95)

Policy Holder Rating

1.6 out of 5
Read 95 reviews
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1
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Timely Payments
2.0out of 5
Handling Claim
1.9out of 5
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1.8out of 5
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Showing 8 of 95 Reviews
Lincoln Financial

Never received benefits my entire leave - or help with them

Reviewed by Anna on December 19th 2023   Verified Policyholder | November 2023 date of disability
I used my short term disability insurance for maternity leave and started the process beforehand knowing when I would be out (scheduled induction.) It took a little over a... read more >
Lincoln Financial

Well Documented correspondence

Reviewed by Joshua on November 23rd 2023   Verified Policyholder | May 2023 date of disability
I read other situations and it’s all very similar to my case. I have received STD from May 2023 and when my FMLA run out LF would not respond or answer my calls. My last... read more >
Lincoln Financial

Lincoln Financial made my life a living hell

Reviewed by Salyna D on June 1st 2022   Verified Policyholder
Lincoln Financial made my life a living hell. I went on medical leave from my job just to work for them basically. My mental health is worse than it was and I still do not... read more >
Reply
Sent on June 2nd 2022 by Attorney Stephen Jessup

Salyna, I am sorry to hear about your experience. I wish I could say it is an anomaly, but it is an all too common occurrence. Depending on if the claim was ever approv... read more >

Lincoln Financial

Lincoln Financials wants to claw back my money

Reviewed by Paul F. on June 30th 2021   Verified Policyholder
Lincoln financial wants to claw back money from ssi and we had two employers so I got disability from both employers one used Lincoln one used Cal EDD for short term so we... read more >
Reply
Sent on June 30th 2021 by Attorney Stephen Jessup

Paul, unfortunately, under employer provided policies there are provisions related to offsets for sources of Other Income. Both the California disability and Social Sec... read more >

Lincoln Financial

This is the second time I've been shorted in my check

Reviewed by Wendy J. on June 16th 2021   Verified Policyholder
I have been out of work since 3/25/21. I had to jump thru hoops to get an extension from 4/28/21 to 6/13/21. I have had MRI, x rays which showed anuerysmal tumor on my fib... read more >
Lincoln Financial

Lincoln Financial denied my STD claim because one doctor didn't send them my medical information.

Reviewed by Eric J. on April 6th 2021   Verified Policyholder
In late January 2021 I was referred to a Doctor I meet her for 15 minutes she ordered some X-rays and blood work. In mid Feb I called to change my next appointment due to ... read more >
Reply
Sent on April 6th 2021 by Attorney Stephen Jessup

Eric, it sounds like there is more to the story than what Lincoln is telling you. Have you received the formal denial letter? If so, we can review the letter with you t... read more >

Lincoln Financial

Lincoln cancelled my benefits because my doctor's notes were handwritten

Reviewed by Maci P. on February 7th 2021   Verified Policyholder
I have been on a short term disability since June of 2020. I was paid additional benefits through Lincoln Financial after SDI paid me. In august of 2020, Lincoln Financial... read more >
Reply
Sent on February 7th 2021 by Attorney Rachel Alters

Maci, unfortunately this is common behavior for Lincoln. Please contact our office at 888-729-3355 and ask to speak to an attorney who can assist you with your STD appe... read more >

Lincoln Financial

Lincoln denied my disability claim even though Dr said I couldn't work

Reviewed by Richard F. on December 25th 2020   Verified Policyholder
My Doctor took me out of work starting October 12, 2020 due to GI illness. I am unable to work. Lincoln denied my disability claim.
Reply
Sent on December 25th 2020 by Attorney Stephen Jessup

Richard, have you filed an administrative appeal of the denial? Please feel free to contact our office to discuss your claim and denial in detail to determine how we ma... read more >

Answered Questions by Our Lawyers
(49)
Showing 8 of 49 Answered Questions

Q: Should I accept the buyout from Lincoln Financial? I have 7 days to decide.

Answered on January 16th 2024 by Attorney Alex Palamara
A: Kendra, it was a pleasure speaking with you today. Thank you for reaching out for the free consultation. We ar... Read More >

Q: Change in Occupation

Answered on November 22nd 2023 by Attorney Rachel Alters
A: The date is usually the date in which your LTD payments began. Read More >

Q: If I return to work only part time and decide I can't continue, will Lincoln Financial base my income on when I worked part time or full time?

Answered on October 29th 2022 by Attorney Stephen Jessup
A: Kara, it would depend on the language in the policy. There is even a chance you could transition into long ter... Read More >

Q: Does Lincoln Financial apply offsets to all claimants equitably?

Answered on September 20th 2022 by Attorney Cesar Gavidia
A: Jerry, yes, Lincoln Financial may seek to recover an overpayment of benefits pursuant to the contractual langu... Read More >

Q: Does payback to Lincoln Financial, once approved for SSDI, include the first year?

Answered on August 25th 2022 by Attorney Jay Symonds
A: Bruce: Most group policies require payback for any month in which you received a full LTD benefit and then, su... Read More >

Q: Is LF's doctor, who never spoke with me or evaluated me, allowed to clear me for work?

Answered on August 14th 2022 by Attorney Alex Palamara
A: Barb, I am sorry to hear of the stress that LFG is putting you through. Thankfully, it sounds like the 3rd par... Read More >

Q: Can LF discontinue my mental health benefits after 24 months?

Answered on September 7th 2020 by Attorney Rachel Alters
A: Cindy, unfortunately most group polices only cover mental nervous conditions for 24 months. Read More >

Q: Can Lincoln Financial deny a total disability claim approved by a federal judge? Can I get a lump sum payout instead of fighting with them for the next 9 years?

Answered on July 9th 2020 by Attorney Alex Palamara
A: Sandra, I am sorry to hear of the issues that Lincoln is giving you. Unfortunately, while Lincoln has to take ... Read More >
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Showing 12 of 889 Videos
Disability Benefit Tips
(331)
Showing 8 of 331 Benefit Tips

Has Lincoln Contacted You About Your Liberty Disability Claim?

Earlier this year Lincoln Financial and Liberty Mutual Insurance Group entered into an agreement in which Lincoln purchased Liberty Life Assur... Read More >

Is Lincoln Relying on MDGuidelines to Review Disability Appeals?

I have recently reviewed first level appeal denial letters from Lincoln in which Lincoln appears to be relying on information through the webs... Read More >

Lincoln Financial to Buy Liberty Life - Does This Affect My Disability Claim?

On January 19, 2018, Lincoln Financial Group announced that they are buying Liberty Life / Liberty Mutual’s Group Benefits business for $3.3... Read More >

What Can A Claimant Expect With A Lincoln Financial Group Disability Claim?

Lincoln Financial group is one of the larger disability insurance companies. In this video di... Read More >

Do You Know The Job Requirements To Be A Lincoln Financial Disability Claim Specialist?

As a disability lawyer that has handled thousands of disability insurance claims I often wonder about the qualifications and experience of the... Read More >

Why Must Your Disability Insurance Lawyer Understand Your Disabling Condition?

When it comes to securing your long term disability benefits, it's vitally important that you... Read More >

Disability Benefit Denial Reason #5 – Your Medical Evidence is Weak

If you're seeking long term disability benefits from an insurance company, you may be concern... Read More >

Disability Benefit Denial Reason #4 - Your Doctor Is Misled By the Disability Company

When you're seeking disability benefits under a long term disability policy, your medical rec... Read More >
Dell Disability Cases
(375)
Showing 8 of 375 Dell Disability Cases

Lincoln Denies Disability Insurance Benefits to 66 Years old Software Developer with Long Covid and MS

Our client came to us after he was denied continued Long Term Disability (LTD) benefits by The Lincoln National Life Insurance Company. Previ... Read More >

Lincoln LTD Denial Reversed for an Occupational Therapist that was Denied Benefits After 24 Months

Our now client came to us after she received a denial letter following her receipt of long term disability b... Read More >

FPL Lineman Wins Lincoln Disability Denial Appeal

Lincoln Life Assurance Company of Boston improperly denied our client’s long-term disabilit... Read More >

Lincoln Approves Long Term Disability Benefits After Four Year Fight

With financial protections afforded to disability insurance companies under ERISA that insulate them from extra contractual damages there is v... Read More >

Lincoln National LTD Denial for Pre-Existing Condition Reversed on Appeal

On December 8th of 2020, a new employee at ServerCentral, now known as Deft, a well-known IT ... Read More >
Disability Lawsuit Stories
(765)
Showing 8 of 765 Lawsuit Stories

Does Policy Language of Actively at Work Include Saturday, Sunday and Holidays?

In Harlan Ten Pas v. The Lincoln National Life Insurance Company, (Lincoln) Plaintiff, a tax attorney with the firm of McGladrey&nbs... Read More >

Court Holds Plaintiff's State Claims Preempted by ERISA and Dismissed Complaint

In Lowe v. Lincoln Nat'l Life Ins. Co., Plaintiff suffered a stroke in May 2016 while working for Diversicare Healthcare Services, Inc. Divers... Read More >

Lincoln Financial Beats to Their Own Drum With Long Term Disability Claims

In a recent claim denial our disability law firm is handling for a physician suffering with cervical myeolopathy, Lincoln Financial stated, "A... Read More >

WARNING: Lincoln Financial Disability Denial Requires Two ERISA Appeals before Filing Suit

You MUST file TWO appeals with Lincoln prior to filing suit!Most long term disability insurance companies only require one mandatory appea... Read More >

Lincoln National denies accidental death benefits after jet ski accident and Court agrees

Purchasing an insurance policy that pays benefits for an accidental death and dismemberment would seem like a wise decision since people suffe... Read More >

Kirk & Blum/CECO Environmental Employee Files Lawsuit Against Lincoln Financial Group For Wrongful Termination Of Long-Term Disability Benefits

An attorney has filed a Federal disability lawsuit in Ohio Federal Court against Lincoln Financial Group (Lincoln). The Plaintiff, George P., ... Read More >

Lincoln Financial Disability Denial: Determining a Date of Disability is Critical

Applying for disability insurance benefits is a complex process that requires a claimant to be familiar with all of the requirements in a ... Read More >

New Jersey BankUnited employee files suit against Lincoln National

Robert B. and his New Jersey disability lawyer go to battle against The Lincoln National Life Insurance Company to retrieve Robert B.'s entitl... 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.