When seeking assistance from a Texas disability insurance attorney it is important to consider how much experience your lawyer has in dealing with your specific disability insurance company. Every day we deal with every major disability company and we know every action that they will take. Texas is one of the few states that has attempted to level the playing field for disability insurance claimants by abolishing discretionary clauses in ERISA disability policies. Texas is a very fair state for disability claimants. Our lawyers have helped thousands of disabled individuals to recover disability benefits.
Texas Disability Insurance Lawsuit Case Summaries
In order to help you gain a further understanding of Texas disability insurance law our lawyers have provided some simple summaries of some Texas disability lawsuits. In addition we regularly update this page with recent court decisions, lawsuits and news regarding disability denials in Texas. We handle disability claims from the application stage through the litigation of a disability lawsuit. If you are looking for assistance for your disability insurance claim, then we always offer a free consultation to discuss your options.
Unum Life Insurance Company conducted a long term disability benefit review of a claim filed by a carpenter who had six surgeries over three years. Despite his advanced sciatica and debilitating pain, Unum denied the ERISA disability benefit claim based on its internal physicians disregard of the treating doctor’s conclusion he could not work. But Unum’s company physicians had no concrete medical evidence for their conclusion. And, during this process, Unum kept critical medical records from the internal physicians. This pre-textual investigation was only discovered when a claimant hired a Texas disability benefit lawyer to challenge the denial… continue reading
Texas law protects policy holders and requires that disability insurance companies act in a certain way. Though insurance companies would like to downplay their obligations, Texas law demands more. If a disability insurance company commits bad faith then they could be subject to damages that far exceed just disability payments. Only individual disability policy holders can seek bad faith damages, as ERISA prohibits bad faith and punitive damage claims… continue reading
One of the most common litigated issues involving an individual disability policy is whether a disabled claimant that is working qualifies for “total disability” benefits. The lawsuits almost always occur because the disability company claims that the claimant is not totally disabled if he or she is able to perform the major duties of his or her pre-disability occupation. The answer to this complicated scenario is almost always a question of fact that must be decided by a jury. Since 1922, the Texas state courts have addressed several different cases which clarify how “total disability” should be defined and applied. Our Texas disability lawyers handle this issue on a daily basis… continue reading
Insurance companies know what they’re doing when they write disability insurance policies as they build in language allowing for denials of benefits and limiting a court’s ability to overturn these decisions. Does your disability benefit policy have a discretionary clause which is subject to ERISA? If it does, or if you don’t know what a discretionary clause is, then you need an experienced Texas disability insurance lawyer to protect your rights… continue reading
ERISA laws often give the insurance company the right to make critical decisions and the courts are limited in their ability to reverse a denial of benefits. A disability company is constantly monitoring a claim in search of a reason to deny a claim. A claimant always needs to understand the language of their disability policy and be careful as to how they report information to the disability company… continue reading
Texas Courts, Government and Texas Department of Insurance Information
- Texas Court System Official Website
- Clerks of the Texas Courts
- Texas Court Structure Chart
- Official Government Website of the State of Texas
Information regarding the state of Texas governmental entities resources
- Texas Department of Insurance
Regulates all insurance companies that do business in Texas. According to the Texas Department of Insurance there are more than 2,000 insurance companies that sell insurance products in Texas.
- U.S. Court of Appeals (5th Circuit)
This court has jurisdiction over appeals from United States District Courts located in Louisiana, Texas and Mississippi.
Texas has four Federal District Courts, which are the Eastern, Northern, Southern and Western District of Texas Federal Courts.