What to Expect in a Standard Disability Benefit Denial Lawsuit
You probably feel as if the Appeal review conducted by Standard was a sham and you never had a chance to have your Standard disability benefit denial reversed. Your feeling of being called a liar by Standard and questioning if it is even worth filing a Standard disability lawsuit is exactly Standard’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 Standard disability appeal denials are upheld. Standard 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 Standard disability benefit lawsuit can result in a recovery of your disability benefits.
What Should You Expect In A Standard Disability Lawsuit?
Through our experience of having helped thousands of Standard disability insurance claimants nationwide, we would like the opportunity to help you win your Standard disability benefit lawsuit. In order to help you understand what to expect in a Standard disability lawsuit, Attorneys Gregory Dell and Rachel Alters have prepared the Standard disability lawsuit video below. We encourage you to contact any of our disability insurance lawyers for a free immediate review of your Standard disability claim denial.
When Can A Standard 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 Standard 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 Standard until you have received a denial of the appeal you submitted to Standard.
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 Standard fails to make a timely decision on your appeal, you can file suit without having to wait for Standard’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 Standard 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 Standard Disability Lawsuits.
As much as we love to beat up Standard 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 Standard claim in the most expedient and efficient manner possible. Upon review of your disability denial letter from Standard 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 Standard.
What Are the Most Challenging Issues in a Standard Disability Lawsuit?
The most challenging aspect of any disability lawsuit is the fact that your Standard 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 Standard challenging.
Five Reasons ERISA Disability Laws Favor Standard
- 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 Standard for any additional chance to review the claim and deny it again;
How Much Does Our Firm Charge to Handle a Standard Disability Lawsuit?
The proper preparation of a lawsuit against Standard 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 Standard.
We have been handling claims against Standard for over 30 years. We only handle Standard 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 Standard have resolved in a one-time lump sum settlement. We encourage you to review some of our Standard resolved case summaries to learn more about our experience. Most of our Standard disability lawsuit settlements have confidentiality provisions which limit our ability to discuss specific details about the cases.
Collecting Standard Disability Benefits Is A Reality
Through our 30+ years of experience suing Standard and our daily work on behalf of Standard disability claimants nationwide, we have seen and we are constantly aware of every claims handling technique used by Standard. 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 Standard. As a result of our years of battling Standard 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 Standard disability lawsuit.
We encourage you to contact any of our disability insurance lawyers to discuss some strategies for a possible resolution of your Standard 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 Standard. 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 Standard lawsuit. Any of our disability lawyers are available for an immediate free phone consultation to discuss your Standard claim denial.
What are the Top 10 Reasons for Standard Disability Denials?
- Standard denied the claim based on objective medical evidence
- Standard’s in-house doctor denied the disability claim
- With no exam a third party medical company denied a Standard claim
- With functional limitations Standard denied a disability claim because claimant has the ability to perform sedentary occupation
- After a compulsory medical exam a doctor hired by Standard denied the disability claim
- Standard denied the claim based on a vocational consultant evaluation of employability in another occupation
- Standard ignored claimant’s treating doctor’s opinion of limited work restrictions and denied claim
- Based on video surveillance Standard denied disability claim
- My definition of disability changed from own occupation to any occupation and Standard denied my disability claim
- Standard based your denial on a mental disability and not a physical disability and therefore limited your benefits to 24 months
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We help claimants throughout the entire application process.
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Our goal is to negotiate the highest possible buyout of your long-term disability policy.
Standard Reviews
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Timely Payments
1.9out of 5
Handling Claim
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Showing 8 of 25 Reviews
Standard
Standard insurance just dropped me with no communication with me.
I was put on Standard insurance by my employer in 2019. I was told by them when I was first on disability that I would be on this for the rest of my life. After 2 years of... read more >
Reply
Standard
Standard is one of, if not the worse, company in the industry now
The Standard changed after the company was acquired by Japanese based Meiji Yasuda Life Insurance Company in 2016 and subsequently being delisted from the US stock exchang... read more >
Standard
Standard is one of, if not the worse, company in the industry Standard hasn't approved or denied my claim in over a year. They keep promising to look at it 'next week'
My husband is covered by a Standard STD/LTD non-ERISA plan. He has a very rare neuromuscular disorder and was hospitalized in intensive care, was off work for 6 weeks (wai... read more >
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Standard
I waited 5 weeks just to be told I can't receive benefits
After working overtime and stressing behind my job for the past 5 years, it resulted in me being diagnosed with retinopathy hypertension, at the age of 29, on 12/10/2018. ... read more >
Reply
Standard
The Standard will threaten to withhold your pay until you sign every document that they send you. The worst part is when they consider back payment for SSDI benefits
First of all, the worst thing that could ever happen to a hard-working person is a permanent disability. Fighting to secure payment is hard enough when you are well. Let a... read more >
Standard
Standard's sudden denial was inexplicable
I was placed on disability by my doctor with a diagnosis of Cognitive Impairment (supported by both a neurologist and a neuropsychologist) which severely affects my abilit... read more >
Standard
Standard has keep me jumping through hoops for years
I have been on LTD with The Standard since September 2011. The have had me jumping through hoops for all these years. Very rude if I call and ask a question. They say they... read more >
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Standard
Mental health LTD should be covered under the Mental Health Parity Act
My company contracted with Standard for our short and long term disability policies. In Jan 2014 I was on STD, which turned into LTD with a waiting period, which was tough... read more >
Answered Questions by Our Lawyers
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Showing 8 of 28 Answered Questions
Q: Do I have to pay back LTD after receiving SSDI?
A: Hello. In most group disability policies there is offset language which states you must pay back any LTD that ... Read More >
Q: Non-taxable benefits have become taxable.
A: I am sorry to hear what you are going through. We have seen you exact fact pattern with tax on ssdi when you w... Read More >
Q: How do I ensure Standard makes a timely decision with regard to my claim?
A: Matthew, we are sorry to hear that you are having difficulty with your claim. While the insurance company does... Read More >
Q: Why can my employer hold my disability check after The Standard sends it to them? Can I file a grievance with them?
A: Lucas, it sounds like your claim for STD benefits is under a policy that is self-funded by your employer. Thus... Read More >
Q: Should I contact you before submitting my application for a private disability benefit?
A: It is in your best interest to contact us as early as possible if you think you are going to need to file a lo... Read More >
Q: Is there any case law in which a state government employee LTD plan decided to drop the 24 month mental health limitation? Has there been any success against a state government and Standard using ADA Title I (employee) and 3 (insurance company) from a discrimination basis?
A: Marie, thank you for your compliments on our website. We strive very hard to get as much information out there... Read More >
Q: How can Standard deny my claim and expect me to work when I am disabled?
A: Debbie, unfortunately this situation occurs often as there are two different departments reviewing your claim ... Read More >
Q: I'm waiting to hear back about my appeal. Should I hire an attorney?
A: Pam, if an appeal has already been submitted there may be very little an attorney could do at this point until... Read More >
Helpful Videos
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Showing 12 of 902 Videos
Disability Benefit Tips
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Showing 8 of 331 Benefit Tips
Applying for Standard Disability Benefits? Top 5 Claim Denial Reasons
At Dell & Schaefer, we've helped hundreds of clients recover long term disability benefits from Standard Disability.What should you know about getting your Standard Disability long term disability claim approved?Understanding the Language in Your Standard Disability Policy Is EssentialGetting your long term disability claim approved on the front ... Read More >
How to Prevent Standard Insurance Company from Denying Disability Benefits
If you have an individual or group long term disability policy with Standard, you may assume that accessing these disability insurance benefits will be as easy as filling out the claim form and providing a release for your medical records. But regardless of which insurance carrier holds your policy, the disability process is rarely so simple. The below tips and ... Read More >
Can My Insurance Company Terminate My Disability Benefits After 24 Months if My Mental Nervous Disorder Contributes to But is Not The Sole Cause of My Disability?
The "But For Test"In the case of George v. Reliance Standard Life Insurance Company, The district court held that RSL did not abuse its discretion when it determined that a mental disorder contributed to George's Total Disability. On appeal, George argued that there was no evidence in the record to show that, absent his mental nervous conditions, he was able to earn close to the same amount in another occu... Read More >
Dentist and doctors: beware of the Standard Insurance Company Group's long-term disability policy
The Standard Insurance Company sells multiple different long-term disability policies to dentist and other medical professionals. The difference in each policy is usually the definition of disability. In my opinion, the following definition of Own Occupation Disability sold by Standard is called an Own Occupation definition, but it is not a true Own Occupation policy. The following definition of Own Occupation... 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 >
Disability Benefit Denial Reason #3 - Video & Social Media Surveillance
One thing many disability insurance claimants don't know about (or expect) from the claims review process involves video and social media surveillance. Disability insurance carriers often hire people to follow claimants around with a telephoto lens - or even send social media friend requests from fake accounts - to glean whatever information they can about the c... Read More >
Dell Disability Cases
(375)
Showing 8 of 375 Dell Disability Cases
Seven Surgeries and The Standard Still Denies Disability Insurance Benefits
Our client was employed with the State of Oregon as a Technical Support Representative. She sought disability through her employer provider LTD Policy with Standard due to low back, hip, and lower extremity pain. She had two hip, two knee and three back surgeries.After paying her for 1.5 years Standard hired a board-certified neurologist to perform a review ... Read More >
After Two Appeals The Standard Insurance Approves Short & Long Term Disability Benefits for Nurse
Prior to filing for disability, our client was a Registered Nurse employed as a Senior Case Manager for United Healthcare. Our client was a dedicated employee who enjoyed her work until chronic pain, frequent headaches, and resulting cognitive dysfunction forced her to stop working in July of 2018. Fortunately, her employer provided disability insurance coverage under two policies: UnitedHealth Group’s ... Read More >
Standard Approves Disability Benefits to Attorney with Fibromyalgia
Fibromyalgia is a multifaceted illness that can affect every aspect of one’s life. While most people are aware of the debilitating pain and fatigue associated with Fibromyalgia there is a less known symptom of the condition that has as great an impact- memory problems known as “Fibro Fog.” Prior to filing a claim for disability benefits our client was a shareholding partner for a large national law firm ... Read More >
Standard overturns decision to deny disabled Project Manager long-term disability insurance benefits after first Appeal
Terry had worked as a project manager for a large national health group earning over $85,000 annually, until type 2 diabetes left him disabled and suffering from peripheral diabetic neuropathy, severe chronic pain, fatigue and depression.In addition to health insurance and other employee benefits his employer provided long-term disability insurance through Standard Insurance Company, based out of Portland,... Read More >
Another long term disability claim is reinstated after Disability Attorney Alexander Palamara successfully argues The Standard mishandled preexisting condition investigation
Insurance companies often deny benefits based on an inability to complete a preexisting condition investigation without any consideration to the merits of the disability claim. Unfortunately, an insurance company’s inability to complete a preexisting investigation is often due to its own mismanagement of the claim file and lack of due diligence.Prior to becoming disabled, our client worked as a Police Of... Read More >
Standard Overturns Denial of Benefits to Shareholder of Major Law Firm
When Mr. L contacted us he had recently left a major law firm where he had been working for 27 years. Mr. L, a commercial finance and real estate transaction attorney, was forced to stop working due to debilitating symptoms from several medical conditions. He had been suffering from these conditions for several years but his symptoms had gradually worsened over time and eventually reached the point where he wa... Read More >
Disability Attorney Alex Palamara wins LTD Benefits for Police Officer Denied by Standard
Disability insurance companies are always trying to deny disability claims based upon a pre-existing condition.In this claim our client was a police officer in Washington DC and the Standard insurance company denied his long term disability benefits. In this claim we were able to get the Standard disability denial reversed at the ERISA appeal level.In th... Read More >
Standard Overturns Denial of Disability Insurance Benefits
Prior to contacting our office our client had been on disability with Standard due to Ulcerative Colitis and several other serious gastrointestinal conditions for the prior 36 months as Standard had determined she would not be able to perform the material and substantial duties of her prior occupation as an Office Manager. However, with the change in definition to the much maligned “any occupation” standar... Read More >
Disability Lawsuit Stories
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Reviews from Our Clients
