What to Expect in a Mutual of Omaha Disability Benefit Denial Lawsuit
You probably feel as if the Appeal review conducted by Mutual of Omaha was a sham and you never had a chance to have your Mutual of Omaha disability benefit denial reversed. Your feeling of being called a liar by Mutual of Omaha and questioning if it is even worth filing a Mutual of Omaha disability lawsuit is exactly Mutual of Omaha’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 Mutual of Omaha disability appeal denials are upheld. Mutual of Omaha hopes that you will just 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 Mutual of Omaha disability benefit lawsuit can result in a recovery of your disability benefits.
What Should You Expect In A Mutual of Omaha Disability Lawsuit?
Through our experience of having helped thousands of Mutual of Omaha disability insurance claimants nationwide, we would like the opportunity to help you win your Mutual of Omaha disability benefit lawsuit. In order to help you understand what to expect in a Mutual of Omaha disability lawsuit, Attorneys Gregory Dell and Alex Palamara have prepared the Mutual of Omaha disability lawsuit video below. We encourage you to contact any of our disability insurance lawyers for a free immediate review of your Mutual of Omaha disability claim denial.
When Can A Mutual of Omaha Disability 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 Mutual of Omaha 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 Mutual of Omaha until you have received a denial of the appeal you submitted to Mutual of Omaha.
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 Mutual of Omaha fails to make a timely decision on your appeal, you can file suit without having to wait for Mutual of Omaha’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 appeal is usually not required by Mutual of Omaha 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 Mutual Of Omaha Disability Lawsuits.
As much as we love to beat up Mutual of Omaha 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 Mutual of Omaha claim in the most expedient and efficient manner possible. Upon review of your disability denial letter from Mutual of Omaha 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 Mutual of Omaha.
What Are the Most Challenging Issues in a Mutual of Omaha Disability Lawsuit?
The most challenging aspect of any disability lawsuit is the fact that your Mutual of Omaha disability benefit 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 Mutual of Omaha challenging.
Five Reasons ERISA Disability Laws Favor Mutual of Omaha
- 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 Mutual of Omaha for any additional chance to review the claim and deny it again;
How Much Does Our Firm Charge to Handle a Mutual of Omaha Disability Lawsuit?
The proper preparation of a lawsuit against Mutual of Omaha 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 Mutual of Omaha.
We have been handling claims against Mutual of Omaha for over 30 years. We only handle Mutual of Omaha 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 Mutual of Omaha have resolved in a one-time lump sum settlement. We encourage you to review some of our Mutual of Omaha resolved case summaries to learn more about our experience. Most of our Mutual of Omaha disability lawsuit settlements have confidentiality provisions which limit our ability to discuss specific details about the cases.
Collecting Mutual of Omaha Disability Benefits Is A Reality
Through our 30+ years of experience suing Mutual of Omaha and our daily work on behalf of Mutual of Omaha disability claimants nationwide, we have seen and we are constantly aware of every claims handling technique used by Mutual of Omaha. 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 Mutual of Omaha. As a result of our years of battling Mutual of Omaha 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 Mutual of Omaha disability lawsuit.
We encourage you to contact any of our disability insurance lawyers to discuss some strategies for a possible resolution of your Mutual of Omaha 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 Mutual of Omaha. 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 Mutual of Omaha lawsuit. Any of our disability lawyers are available for an immediate free phone consultation to discuss your Mutual of Omaha claim denial.
What are the Top 10 Reasons for Mutual of Omaha Disability Denials?
- Mutual of Omaha denied the claim based on objective medical evidence
- Mutual of Omaha’s in-house doctor denied the disability claim
- With no exam a third party medical company denied a Mutual of Omaha claim
- With functional limitations Mutual of Omaha denied a disability claim because claimant has the ability to perform sedentary occupation
- After a compulsory medical exam a doctor hired by Mutual of Omaha denied the disability claim
- Mutual of Omaha denied the claim based on a vocational consultant evaluation of employability in another occupation
- Mutual of Omaha ignored claimant’s treating doctor’s opinion of limited work restrictions and denied claim
- Based on video surveillance Mutual of Omaha denied disability claim
- My definition of disability changed from own occupation to any occupation and Mutual of Omaha denied my disability claim
- Mutual of Omaha 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
Submit a Strong Mutual of Omaha Appeal Package
We work with you, your doctors, and other experts to submit a very strong Mutual of Omaha appeal.
Sue Mutual of Omaha
We have filed thousands of disability denial lawsuits in federal Courts nationwide against Mutual of Omaha.
Get Your Mutual of Omaha Disability Application Approved
Prevent a Mutual of Omaha Disability Benefit Denial
Negotiate a Mutual of Omaha Lump-Sum Settlement
Our goal is to negotiate the highest possible buyout of your long-term disability policy.