What to Expect in a SunLife Disability Benefit Denial Lawsuit
You probably feel as if the Appeal review conducted by SunLife was a sham and you never had a chance to have your SunLife disability benefit denial reversed. Your feeling of being called a liar by SunLife and questioning if it is even worth filing a SunLife disability lawsuit is exactly SunLife’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 SunLife disability appeal denials are upheld. SunLife 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 SunLife disability benefit lawsuit can result in a recovery of your disability benefits.
What Should You Expect In A Sun Life Disability Lawsuit?
Through our experience of having helped thousands of SunLife disability insurance claimants nationwide, we would like the opportunity to help you win your SunLife disability benefit lawsuit. In order to help you understand what to expect in a SunLife disability lawsuit, Attorneys Gregory Dell and Alex Palamara have prepared the SunLife disability lawsuit video below. We encourage you to contact any of our disability insurance lawyers for a free immediate review of your SunLife disability claim denial.
When Can A Sun Life 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 SunLife 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 SunLife until you have received a denial of the appeal you submitted to SunLife.
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 SunLife fails to make a timely decision on your appeal, you can file suit without having to wait for SunLife’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 SunLife 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 SunLife Disability Lawsuits”
As much as we love to beat up SunLife 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 SunLife claim in the most expedient and efficient manner possible. Upon review of your disability denial letter from SunLife 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 SunLife.
What Are the Most Challenging Issues in a Sun Life Disability Lawsuit?
The most challenging aspect of any disability lawsuit is the fact that your Sun 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 SunLife challenging.
Five Reasons ERISA Disability Laws Favor Sun Life
- 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 SunLife for any additional chance to review the claim and deny it again;
How Much Does Our Firm Charge to Handle a Sun Life Disability Lawsuit?
The proper preparation of a lawsuit against SunLife 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 SunLife.
We have been handling claims against SunLife for over 30 years. We only handle SunLife 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 SunLife have resolved in a one-time lump sum settlement. We encourage you to review some of our SunLife resolved case summaries to learn more about our experience. Most of our SunLife disability lawsuit settlements have confidentiality provisions which limit our ability to discuss specific details about the cases.
Collecting Sun Life Disability Benefits Is A Reality
Through our 30+ years of experience suing SunLife and our daily work on behalf of SunLife disability claimants nationwide, we have seen and we are constantly aware of every claims handling technique used by SunLife. 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 SunLife. As a result of our years of battling SunLife 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 SunLife disability lawsuit.
We encourage you to contact any of our disability insurance lawyers to discuss some strategies for a possible resolution of your SunLife 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 SunLife. 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 SunLife lawsuit. Any of our disability lawyers are available for an immediate free phone consultation to discuss your SunLife claim denial.
What are the Top 10 Reasons for Sun Life Disability Denials?
- SunLife denied the claim based on objective medical evidence
- SunLife’s in-house doctor denied the disability claim
- With no exam a third party medical company denied a SunLife claim
- With functional limitations SunLife denied a disability claim because claimant has the ability to perform sedentary occupation
- After a compulsory medical exam a doctor hired by SunLife denied the disability claim
- SunLife denied the claim based on a vocational consultant evaluation of employability in another occupation
- SunLife ignored claimant’s treating doctor’s opinion of limited work restrictions and denied claim
- Based on video surveillance SunLife denied disability claim
- My definition of disability changed from own occupation to any occupation and SunLife denied my disability claim
- SunLife 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 Sun Life Appeal Package
We work with you, your doctors, and other experts to submit a very strong Sun Life appeal.
Sue Sun Life
We have filed thousands of disability denial lawsuits in federal Courts nationwide against Sun Life.
Protect Your Benefits
Get Your Sun Life Disability Application Approved
We help claimants throughout the entire application process.
Prevent a Sun Life Disability Benefit Denial
We manage every aspect of your disability claim following claim approval.
Negotiate a Sun Life Lump-Sum Settlement
Our goal is to negotiate the highest possible buyout of your long-term disability policy.
Sun Life Reviews
(42)
Policy Holder Rating
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Timely Payments
1.8out of 5
Handling Claim
1.9out of 5
Customer Service
1.9out of 5
Dependable
1.8out of 5
Value
1.9out of 5
Showing 8 of 42 Reviews
Sun Life
Unscrupulous Tactics
Sunlife uses unscrupulous tactics in order to prevent payment of claims. They wait until it is close to the 30 day mark and then they ask for another form of information o... read more >
Sun Life
What a mess
This place has no idea what day it even is. First they attach my claim to my previous claim in which was a new claim. They messed up and denied me then made me wait yet ag... read more >
Reply
Sun Life
They leave you unable to fight
I received LTD from Sunlife since 2014 until 2021. I still tried fighting in 2022. Somewhere they changed my claim from physical to mental but nothing in my medical histor... read more >
Reply
Sun Life
Sun Life is a real pain
Sun Life is a real pain. I just want them to buyout my long term disability policy, but they keep playing around and around. I just to be left alone and given my lump sum ... read more >
Reply
Sun Life
Everytime SunLife receives my information they ask for another 7 to 10 business days
Told Sunlife I’m getting an attorney since my claim was filed April 16, 2021, still pending a decision and everytime they ask for more information and they receive it, t... read more >
Reply
Sun Life
I have lost everything due to non payment of my claim.
I have lost everything due to non payment of my claim.
Sun Life
SunLife said if I don't apply for SSI they will lower my payments
Sun Life is trying to get me to apply for ssi. Have long term disability though them been on it for 9 months. Live in PA. Telling to apply or they are lowering my payments... read more >
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Sun Life
I don't understand SunLife's overpayment letter
My name is Gina and I have been collecting LTD from my previous employer through Sun Life for almost 2 years. I am currently easing back into the work force and I work a p... read more >
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Answered Questions by Our Lawyers
(29)
Showing 8 of 29 Answered Questions
Q: Can SunLife offset dependent social security benefits received on account of my wife's disability?
A: Dominick, unfortunately, employer provided disability policies contain language that allows for the offset of ... Read More >
Q: Does SunLife have a required time to make a decision? Can they request medical records that have nothing to do with my illness?
A: Megan, in an ERISA governed claim Sun Life would have 45 days to make a decision and have the option of taking... Read More >
Q: What happens if a policy doesn't mention something I believe I had and paid for (COLA)?
A: Rachael, if the policy does not mention a COLA then that usually means that the insurance company does not off... Read More >
Q: Can SunLife deny me on the basis on a preexisting condition?
A: Scott, the policy governing your claim will define what is a pre-existing condition. If you were having sympto... Read More >
Q: Can I sue SunLife if I signed a Settlement & Release Agreement?
A: RB, if you signed a Settlement & Release Agreement you are bound by those terms and would have waived your rig... Read More >
Q: Can I still get my short term disability benefits if I'm terminated?
A: C. Freeman, even if you are terminated you would still have legal rights under your policies. Your rights unde... Read More >
Q: Can I sue SunLife for pain and suffering?
A: Jim, under ERISA governed policies there are no actions for pain and suffering, only unpaid benefits. Read More >
Q: Should I be worried that SunLife is trying to deny my claim by making it seem like I have a mental disorder? Can they deny my claim if I refuse to undergo this needless psychiatric assessment?
A: Erin, in a situation like yours they are likely sending you to see a psychologist to determine if you are a ... Read More >
Helpful Videos
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Showing 12 of 908 Videos
Disability Benefit Tips
(331)
Showing 8 of 331 Benefit Tips
Tips for Applying for Sun Life Disability Insurance Benefits
If you're covered by a long term disability policy offered by Canadian-based carrier Sun Life, you may never have expected to have to submit a claim for disability insurance benefits. At Dell & Schaefer, we've handled thousands of these claims and are familiar with the tactics Sun Life and other disability insurance carriers use to try to avoid paying disabi... Read More >
Can a Disability Claimant Refuse to Attend an IME During an Appeal?
The main issue in Stevens v. Sun Life and Health Insurance Company is whether a claimant’s refusal to attend an IME means the administrative remedies have not been exhausted so that a subsequent ERISA lawsuit must be dismissed. The controversy began when Sun Life terminated Stevens short-term disability about the same time that she filed a claim for long-term disability benefits. This claim was denied and sh... 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 >
How Do You Fight a Long-Term Disability Denial?
Getting a denial letter from your disability insurance company is one of the ultimate insults. You are sick and not able to work, yet your disability insurance company is telling you to return to work. The disability insurance company has denied your disability benefit claim and is basically calling you a liar. When receiving a disability denial letter or a ph... 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 the change in the disability insurance policy's definition of "disability." This definition change often happens in conjunction with a vocational review, or an analysis of a claimant's medical records that tells the insurance company which jobs the claimant should be able ... Read More >
Dell Disability Cases
(375)
Showing 8 of 375 Dell Disability Cases
Sun Life Wrongfully Denies Disability After Paying For 23 Months
We represent a 57 year-old claimant who’s occupation was selling commercial vehicles for many years. Her job was very physical as it required her to climb in and out of semi-trucks multiple times a day as well as operate them which was very strenuous. She went out of work in due to ongoing and severe debilitating right hip, low back, and bilateral knee pain... Read More >
Sun Life Overturns Its Previous Denial of LTD Benefits for Massachusetts Teacher
Our client, Ms. L, formerly worked as a Technology Teacher for a public high school in Massachusetts. For many years Ms. L suffered from chronic debilitating effects of multiple physical conditions and ailments, including most notably severe degenerative joint disease and osteoarthritis, which left her with debilitating physical pain and occupational impairments. Ms. L was unwilling to give up his career and w... Read More >
After Appeal Sun Life Finally Approves Disability Benefits for Data Engineer
Prior to filing for disability, our client was employed as a Manager of Data Engineering Analytics for Avanade. A job he loved and excelled at (and financially rewarding), our client was unfortunately forced to stop working in August 2017 due to significant heart issues. Fortunately, his employer provided him coverage under a Long Term Disability Insurance Policy with Sun Life Assurance Company of Canada shoul... Read More >
Sun Life overturned previous denial of LTD for California Diagnostics Manager
Our client, Ms. G, formerly worked as a Diagnostics Manager for a regional Healthcare System. In October 2016 a number of medical issues, including Stage IV Ovarian Cancer Neoplastic Fatigue, Major Depressive Disorder, Language Disorder and Cognitive Impairment forced Ms. G to stop working and submit her claim for disability benefits under her employer’s long-term disability (LTD) policy, which was funded an... Read More >
Unum and Sun Life approve disability benefits to OB/GYN
Our client, a well-established and experienced, OB-GYN, who had run a successful medical practice before becoming part of a hospital system, began to experience orthopedic problems that are common to doctors whose practices requires a substantial amount of surgical and clinical procedures. Like many surgeons, she attempted to find ways to minimize discomfort in an effort to be able to continue her surgical dut... Read More >
After appeal filed by Attorney Jay Symonds, Sun Life overturned its previous denial of long term disability benefits for Florida ICU Nurse
Our client, Ms. A, formerly worked as a Nurse in the Intensive Care Unit. In September 2014 a number of medical issues, including chronic pain, fibromyalgia, chronic fatigue, neuropathy, bilateral hip pain, bilateral hip bursitis and bilateral knee osteoarthritis forced Ms. A to stop working and submit her claim for disability benefits, first under her employer’s short-term disability (STD) policy and then c... Read More >
Sun Life Approves Disability Benefits to Surgical Services Director
Prior to filing for disability our client worked as a Surgical Services Director for a large hospital system. Her occupation came with an incredible amount of responsibilities relating to the efficient and safe operation of the surgical department of a hospital- requiring her to not only have to be mentally alert, but also physically available on a moment’s notice throughout the hospital. This was a tall ord... Read More >
Sun Life ignored its own medical expert's opinions supporting registered nurse's inability to work in a sedentary occupation due to severe rheumatoid arthritis
Sun Life reinstated LTD benefits after Dell Disability Lawyers appealed wrongful termination of LTD benefits of registered nurse suffering from rheumatoid arthritis demonstrating Sun Life ignored the overwhelming volume of objective evidence supporting the claim for total disability including their own peer review physician's opinions that the claimant could not perform sedentary work.At the time of the on... Read More >
Disability Lawsuit Stories
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Reviews from Our Clients
