US Supreme Court to Hear Disability Insurance Case Against Hartford Insurance Company

On October 15, 2013, the United States Supreme Court will hear oral argument in a long term disability insurance case against Hartford Insurance Company (Heimeshoff v. Hartford Life & Accident Insurance Co.). The issue before the court involves a long term disability insurance lawsuit which was dismissed as a result of the claimant filing a lawsuit after the statute of limitations had run. The claimant was a former Walmart employee. The statute of limitations is a set period of time within which a lawsuit must be filed. If the lawsuit is not filed before the deadline, then the lawsuit is forever barred. In the disability case against Hartford the disability policy required a lawsuit to be filed three years from when proof of loss was due. The problem is that the claimant did not receive a final decision on all of her ERISA appeals within three years from the date of which proof of loss was due. The current law provides that an ERISA lawsuit cannot be filed until all appeals have been completed unless the filing of a lawsuit would be futile. Hartford argues “that ERISA plans are ordinarily enforced according to their terms, and the parties can agree, if they wish, to start the statute of limitations before the administrative process runs its course“.

This argument is unreasonable as it basically means that a disability insurance company can draft a disability policy that directly contradicts Federal Law. The US Supreme Court will issue an opinion on this case in the next few months and its impact can have a potentially dramatic impact on when ERISA disability insurance claim denials must be denied. For a great summary of the US Supreme Court argument to take place today in the case of Heimeshoff v. Hartford Life & Accident Insurance Co., we recommend you review a great blog entry on the Supreme Court of the United States Blog.

Our disability lawyers have helped hundreds of individuals with their claims against Hartford. We are not handling this specific case. Contact any of our lawyers for a free review of your disability insurance claim.

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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 telephone, e-mail, fax, 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 800-682-8331 or by email. Lawyer 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.

Dell & Schaefer Client Reviews   *****

Kelly B. (Nevada)

I had been on long term disability for over 10 years, with Aetna disability company. I had 3 heart surgeries in that time and some other pretty serious medical issues. I was very ill, during that time, seeing my physicians regularly and in and out of the hospital. It was very stressful keeping up with the vast amounts of paperwork, physicians attending statements, and communicating full time with the disability company.

One time, right before my open heart surgery, they stopped paying my claim for 4 months, for absolutely no reason. I did get that straightened out, eventually, but we were almost homeless, in the process. I decided to consider a buy out, on my disability claim and I wanted to use a large, reputable attorney’s firm, to handle this negotiation and contract. I called and talked to an attorney named Rachel Alters, who worked for Attorneys Dell & Schaefer. They had a very large attorneys practice and I was very comfortable using them.

She was very professional, but also really compassionate, about everything I had been through. I felt like she would really be someone I could trust. It turned out the gentleman she ended up talking to, from Aetna, was someone she knew from dealing with them in the past. This made everything go so much easier, I think, but either way, Rachel is wonderful! I would recommend her very highly, to anyone. She has my five star recommendation!

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