The Unfair Discretionary Clause
The experience and skill of an ERISA disability lawyer is extremely important because claimants do not start on a level playing field when filing an ERISA disability lawsuit. A review of ERISA legal decisions issued by federal judges in the past ten years reveals that more than 70% of ERISA long term disability lawsuits are won by insurance companies as result of the unfair "discretionary clauses" found in most group disability insurance policies. The quality of the claim review performed by the disability company and the strength of the disability evidence presented by a claimant are the key factors in determining if a claimant can prevail in an ERISA disability lawsuit.
If a claimant submitted a weak ERISA appeal, then the chance of success after filing a lawsuit will be low. Our disability attorneys review thousands of long term disability denials each year and we only accept a case if we think we can make a recovery for the client. Despite the challenge of these cases, our disability attorneys have been able to reach a resolution satisfactory to our clients in more than 98% of the ERISA lawsuits we have filed nationwide. Favorable resolutions range from payment of all past due disability benefits with reinstatement of future benefits to a one–time lump sum settlement payment.
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