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.
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
- No jury trials are permitted
- No punitive damages
- Very limited discovery
- The Judge usually must apply a standard of review that defers to the insurance company’s conclusion that you are not disabled
- 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?
- Lincoln denied the claim based on objective medical evidence
- Lincoln’s in-house doctor denied the disability claim
- With no exam a third party medical company denied a Lincoln claim
- With functional limitations Lincoln denied a disability claim because claimant has the ability to perform sedentary occupation
- After a compulsory medical exam a doctor hired by Lincoln denied the disability claim
- Lincoln denied the claim based on a vocational consultant evaluation of employability in another occupation
- Lincoln ignored claimant’s treating doctor’s opinion of limited work restrictions and denied claim
- Based on video surveillance Lincoln denied disability claim
- My definition of disability changed from own occupation to any occupation and Lincoln denied my disability claim
- 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.
Sue Lincoln Financial
We have filed thousands of disability denial lawsuits in federal Courts nationwide against Lincoln Financial.
Protect Your Benefits
Get Your Lincoln Financial Disability Application Approved
We help claimants throughout the entire application process.
Prevent a Lincoln Financial Disability Benefit Denial
We manage every aspect of your disability claim following claim approval.
Negotiate a Lincoln Financial Lump-Sum Settlement
Our goal is to negotiate the highest possible buyout of your long-term disability policy.
Lincoln Financial Reviews
(95)
Policy Holder Rating
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Timely Payments
2.0out of 5
Handling Claim
1.9out of 5
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Showing 8 of 95 Reviews
Lincoln Financial
Never received benefits my entire leave - or help with them
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
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
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 >
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Lincoln Financial
Lincoln Financials wants to claw back my money
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
Lincoln Financial
This is the second time I've been shorted in my check
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.
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 >
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Lincoln Financial
Lincoln cancelled my benefits because my doctor's notes were handwritten
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 >
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Lincoln Financial
Lincoln denied my disability claim even though Dr said I couldn't work
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.
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Answered Questions by Our Lawyers
(51)
Showing 8 of 51 Answered Questions
Q: LTD return to work? What if I require training or want to continue education, will I continue to receive payment during this period?
A: If you are still unable to perform the material duties of your occupation or any occupation then yes you shoul... Read More >
Q: What if I never received longterm policy and I never agreed or signed agreement fee with disability insurance company?
A: Erica:The repayment of government benefits such as ssdi or state disability benefits is allowed if your po... Read More >
Q: Should I accept the buyout from Lincoln Financial? I have 7 days to decide.
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
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?
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?
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?
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?
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 >
Helpful Videos
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Showing 12 of 904 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 Assurance Company of Boston, the group disability and life insurance group benefits portion of Liberty Mutual Insurance Group. For insured with disability or life insurance benefits provided by their employer, Liberty Life Assurance Company of Boston is most commonly known as... 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 website/software MDGuidelines as opposed to an internal medical review or a medical review performed by an outside peer reviewing physician. In both instances the initial denial of benefits was predicated upon the review of a doctor identified in the denial letter, to includ... 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 billion. Lincoln claims that the combined company would be the number one seller of Disability sales with a 14 percent market share.As disability insurance attorneys that have handled hundreds of claims with both Liberty and Lincoln we think that this merger is a go... 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 disability insurance attorneys Gregory Dell and Stephen Jessup provide a lawyer's perspective on handling a Lincoln Financial disability insurance claim.We discuss common trends that we see when helping claimants to recover disability benefits from Lincoln Financial. W... 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 disability company employee that is making the decision to approve or deny my client's claim. During our routine activities of watching The Lincoln Financial Group, I came across an internet job posting for an "Associate LTD Benefit Specialist" at Lincoln Financial in A... Read More >
Why Must Your Disability Insurance Lawyer Understand Your Disabling Condition?
When it comes to securing your disability insurance benefits, it's vitally important that your disability insurance lawyer thoroughly understands the symptoms and impact of your disabling condition. Doctors can help you create strong medical records, but they're not accustomed to dealing with the rigorous documentation disability insurance companies require. Lea... 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 concerned that you're facing an uphill battle. Fortunately, the stronger your medical evidence, the greater the odds that your claim will be approved. On the other side of the coin, one of the most common reasons for denial of long term disability benefits involves too-weak med... Read More >
Disability Benefit Denial Reason #4 - Your Doctor Is Misled By the Disability Company
When you're seeking disability insurance benefits, your medical records and treating physician's statement are two of the most important components of your claim. But because the insurance company has a vested interest in denying your disability insurance claim, it often will rely on tactics like ambushing your doctor with a phone call in an attempt to get them ... Read More >
Dell Disability Cases
(375)
Showing 8 of 375 Dell Disability Cases
Nurse Denied Long-term Disability Benefits by Lincoln After the Definition of Disability Changed
Our client, a registered nurse for Dignity Health, found herself in a difficult situation after being diagnosed with lumbar spondylosis and left knee arthritis. She continued to work, however, struggled while attempting to work through chronic lower back pain and left lower extremity radicular symptoms on a daily basis. Sadly, her condition failed to improve and... Read More >
Lincoln Reverses Decision to Terminate LTD Benefits of Corporate Attorney after Dell Disability Lawyers Appeals the Decision
The claimant is an 64 year old former Corporate Attorney and at a prominent Florida business law firm who was forced to cease working in his highly successful and rewarding profession, job, and career on January 27, 2021, and to seek disability compensation under his policies with Lincoln due to severe symptomatology stemming from or following a viral COVID-19 i... Read More >
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. Previously employed as a Software Developer for Novo Nordisk, the multinational pharmaceutical company, after years of service our client found he could no longer work following a severe case of Covid 19 which left him hospitalized for 30 days.... 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 benefits (“LTD”) for a period of 24 months. This is very common as with any denied claim, at the 2-year mark is when many ongoing claims are denied. Why? Typically group long term disability insurance policies have special provisions that kick after 24 months of be... Read More >
FPL Lineman Wins Lincoln Disability Denial Appeal
Lincoln Life Assurance Company of Boston improperly denied our client’s long-term disability benefits. Prior to filing for disability, our client was employed as a Line Specialist-Early for FPL (Nextera Energy, Inc.). According to the Position Summary, the material and substantial duties of his occupation include but are not limited to:Position Summary:... Read More >
Attorney Alexander Palamara of Dell Disability Lawyers gets LTD Benefits Reinstated for former Walmart Manager who is now found disabled from Any Occupation
A former Manager of Quality Assurance at Walmart is again receiving Long Term Disability (LTD) benefits following an appeal filed by Dell Disability Lawyers. Our now client was only recently hired by Walmart in May of 2017. He loved his job and began to shine at his occupation until he unfortunately suffered a serious shoulder injury in late 2017. After this initial shoulder injury, additional injuries ... 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 very little financial disincentive to deny long term disability benefits to an insured. This is especially true of disability applicants who are high wage earners whose resulting monthly disability benefits are extremely high. In our experience, insurance companies will g... 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 infrastructure provider, found himself in the Emergency Room due to facial numbness and confusion. This ER visit was unfortunately not something new for him as he had just been there two weeks prior in late November due to a headache and dizziness. With this visit ... Read More >
Disability Lawsuit Stories
(765)
Reviews from Our Clients
