What to Expect in a New York Life Disability Benefit Denial Lawsuit

You probably feel as if the Appeal review conducted by New York Life was a sham and you never had a chance to have your New York Life disability benefit denial reversed. Your feeling of being called a liar by New York Life and questioning if it is even worth filing a New York Life disability appeal is exactly New York Life’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 New York Life disability appeal denials are upheld. New York Life 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 New York Life disability benefit lawsuit can result in a recovery of your disability benefits.

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Our Lawyers Respond Today

What Should You Expect In A New York Life Disability Lawsuit?

Through our experience of having helped thousands of New York Life disability insurance claimants nationwide, we would like the opportunity to help you win your New York Life disability benefit lawsuit. In order to help you understand what to expect in a New York Life disability lawsuit, Attorneys Gregory Dell and Stephen Jessup have prepared the New York Life disability lawsuit video above. We encourage you to contact any of our disability insurance lawyers for a free immediate review of your New York Life disability claim denial.

When Can A New York Life Disability Lawsuit Be Filed?

The answer to this question depends on whether you have a policy governed by The Employee Retirement Income Security Act (ERISA), a private insurance policy that is not governed by ERISA. If you have a New York Life disability 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 New York Life until you have received a denial of the appeal you submitted to New York Life. An ERISA appeal usually must be filed within either three years of your date of disability or the date of the final disability denial decision. If New York Life fails to make a timely decision on your appeal you can file suit without having to go through the appeal process., then you can sue them without a decision on your appeal. 

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 New York Life 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 New York Life Disability Benefits in 99% of our New York Life Disability Lawsuits.


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

What Are the Most Challenging Issues in a New York Life Disability Lawsuit?

The most challenging aspect of any disability lawsuit is the fact that your New York Life 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 New York Life challenging.

Five Reasons ERISA Disability Laws Favor New York Life 

  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 New York Life for any additional chance to review the claim and deny it again;

How Much Does Our Firm Charge to Handle a New York Life Disability Lawsuit?

The proper preparation of a lawsuit against New York Life 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 New York Life.

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

Collecting New York Life Disability Benefits Is A Reality

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

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

What are the Top 10 Reasons for New York Life Disability Denials?

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

We work with you, your doctors, and other experts to submit a very strong New York Life appeal.

Learn more

Sue New York Life

We have filed thousands of disability denial lawsuits in federal Courts nationwide against New York Life.

Learn more

Protect Your Benefits
Get Your New York Life Disability Application Approved
We help claimants throughout the entire application process.

Learn more

Prevent a New York Life Disability Benefit Denial
We manage every aspect of your disability claim following claim approval.

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Negotiate a New York Life Lump-Sum Settlement

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

Learn more

New York Life Reviews
(104)

Policy Holder Rating

1.5 out of 5
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1.9out of 5
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1.9out of 5
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1.9out of 5
Showing 8 of 104 Reviews
New York Life

Keeps claiming they will not approve claim for pre existing conditions but my illness is not preexisting

Reviewed by M.T. on February 15th 2024   Verified Policyholder | May 2023 date of disability
I have been appealing a claim for LTD for 8 months! New York Life keeps claiming they will not approve claim for pre existing conditions but my illness is not preexisting ... read more >
New York Life

Payment delays!

Reviewed by Kim W on May 7th 2022   Verified Policyholder | September 2021 date of disability
I have a Long term disability claim with New York Life. Approval process did not take too long and they did start my LTD just a few days after my STD ended. First check wa... read more >
New York Life

NYL denied my claim

Reviewed by Trapped in the cogs on March 7th 2022   Verified Policyholder | May 2021 date of disability
I’ve been an RN for 31 years. I lost 6 family members (3 of those to cancer) in 9 months and suffered a breakdown, I just couldn’t watch people die anymore. Cigna (NYL... read more >
New York Life

Hold up on payments!!!

Reviewed by A Crews on January 20th 2022   Verified Policyholder | July 2021 date of disability
I have had 3 people on my case since July 2021! This last person Amanda S drag her feet on my claims and payments. I literally have to go to my mom for help! When I contac... read more >
New York Life

Paid Family Leave

Reviewed by Paid Leave on January 4th 2022   Verified Policyholder | November 2021 date of disability
I haven’t received a single check while on paid family leave for over a month. Thankfully my wife is receiving from her job while on maternity leave. New York Life is ri... read more >
New York Life

They should all rot in hell

Reviewed by Shawn on January 2nd 2022   Verified Policyholder | September 2020 date of disability
NY Life had been paying on my LTD policy for 7 months when I reached $100,000 in claims they had paid for me. Immediately my policy I had through my employer changed, the ... read more >
New York Life

They will constantly come up with anything to delay paying you

Reviewed by Jackie on November 1st 2021   Verified Policyholder | August 2020 date of disability
I have been on disability since august of 2020 and it is now November 2021. I have not seen a dime from them and every time I call it's always something else they need or ... read more >
New York Life

Don't count on New York Life!!! You will be very disappointed!!!

Reviewed by Evan on October 27th 2021   Verified Policyholder | September 2021 date of disability
I had complications to a previous hip surgery. I was given some time off to get the issues figured out. During this time I had complications with my prostate gland. I ende... read more >
Answered Questions by Our Lawyers
(4)
Showing 4 of 4 Answered Questions

Q: My father has been in STD Cigna and LTD with New York Life since Jan 2021, diagnosed Pulmonary Fibrosis due to Covid-19. Can insurance and ex job make him return to work?

Answered on January 16th 2024 by Attorney Alex Palamara
A: Walt, while no one can force your father back to work, NYL can certainly deny benefits if they believe there i... Read More >

Q: Do I have to sign agreement to pay back difference in LTD payment and SSDI payment?

Answered on November 10th 2023 by Attorney Gregory Dell
A: You do not need to sign the agreement to pay back SSDI. Disability companies try to make you do this and you a... Read More >

Q: Can NYLG just stop payment?

Answered on June 23rd 2023 by Attorney Gregory Dell
A: Moe, unfortunately long term disability insurance companies can deny benefits at anytime without notice. Conta... Read More >

Q: Can I sue my disability company for causing me to get fired from job?

Answered on April 18th 2023 by Attorney Gregory Dell
A: You can sue to recover disability benefits but you cannot sue New York Life for damages related to the loss of... Read More >
Helpful Videos
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Showing 12 of 861 Videos
Disability Benefit Tips
(329)
Showing 8 of 329 Benefit Tips

How Will Sale of Cigna Disability Division to New York Life Insurance Co. Affect Disability Claimants?

On December 18, 2019 Cigna entered into an agreement to sell their disability insurance and life insurance division for $6.3 billion. This is... 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 >

Disability Benefit Denial Reason #3 - Video & Social Media Surveillance

One thing many long term disability claimants don't know about (or expect) from the claims re... Read More >

How Do You Fight a Long-Term Disability Denial?

Getting a denial letter from your disability insurance company is one of the ultimate insults... Read More >

Disability Denial Reason #2 - Change of Disability Definition & Vocational Review

One of the top reasons for terminating a claimant's long term disability benefits involves th... Read More >

Disability Denial Reason #1 – Paper Review & IME

At Dell Disability Lawyers, we've seen insurance companies give countless reasons to deny lon... Read More >

How to Apply for Reliance Standard Disability Benefits & Top 5 Reasons for a Claim Denial

At Dell & Schaefer we’ve handled hundreds of long term disability insurance claims against Reliance Standard, and have learned a few thi... Read More >

Applying for Standard Disability Benefits? Top 5 Claim Denial Reasons

At Dell & Schaefer, we've helped hundreds of clients recover long term disability benefit... Read More >
Dell Disability Cases
(369)
Showing 8 of 369 Dell Disability Cases

New York Life Approves Disability Benefits for School Teacher With Multiple Sclerosis

Our client, a former elementary school teacher suffering from Multiple Sclerosis, contacted our office after New York Life terminated her clai... Read More >

NY Life Disability Benefits Reinstated on Appeal Despite Independent Medical Examination

Our client, a former high level medical sales representative, suffered from chronic pain stem... Read More >

Project Manager with Migraines Gets NY Life Disability Benefit Denial Reversed

Disability due to migraines is very common, but many disability insurance claims deny these l... Read More >

Cameraman suffering from chronic knee problems receives long-term disability benefits from the Mutual of New York Life Insurance Company

After several month of attempting to handle his long-term disability claims on his own, our client contacted Dell Disability Lawyers. Mutual o... Read More >

Engineer With Depression Wins Prudential LTD Appeal

The claimant is a former Senior Technology Services Engineer for Accolade, Inc. who was force... 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. 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 >

Nurse With Knee and Back Disorder Wins Hartford Disability Appeal

We represent a General Duty Nurse who was denied long term disability benefits as Hartford im... Read More >
Disability Lawsuit Stories
(764)
Showing 8 of 764 Lawsuit Stories

New Jersey claimant files suit against New York Life, Unum and Paul Revere for miscalculated disability benefits

William M. never suspected that should he need to make use of his disability insurance policy (which he had faithfully paid premiums on for ye... Read More >

Medical opinion by treating physician unreliable and unsupported by objective test

Citation: Reffkin v. N.Y. Life Ins., No. C 04-04953 CRB, 2005 U.S. Dist. LEXIS 19732, (N.D. Cal. Aug. 29, 2005).Ruth Reffkin worked as an ... Read More >

Unum Wrongfully Terminated Disabled Lawyer’s Disability Claim of Depression and Anxiety Despite Improvement in His Condition

This Unum lawsuit and appeal in federal court is a great victory for all Unum disability claimants. This ca... Read More >

Federal Court Overturns Aetna Denial Of Disability Benefits

In the recent case of Ferrin v. Aetna Life Ins. Co. a federal judge from the Northern District of Illinois determined that Aetna improperly te... Read More >

Court Finds Irregularities in Procter & Gamble Long Term Disability Benefit Denial

In ERISA cases filed in a district court asking for judicial review of a plan administrator's denial of benefits, the court is generally limit... Read More >

Federal Judge Makes Companion Life Insurance Pay Long Term Disability Benefits

Companion Life tried to play games and deny long term disability benefits, but thankfully a New Mexico Federal Judge made them pay disability ... Read More >

NFL Disability Review Board Ignores Evidence of Disability and Appeal Court Reverses Lower Court Decision

In Darren Mickell v. Bert Bell/Pete Rozelle NFL Players Retirement Plan (Plan), Mickell spent nine years in the NFL as a defensive e... Read More >

Judge Agrees that MetLife's Denial of Long Term Disability Benefits was Reasonable

In Anne Ehlert v. Metropolitan Life Insurance Company (MetLife), Ehlert was a consulting pension actuary for pension plans at Towers... 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.