You Have the Right to Bring a Claim Under ERISA in Federal Court
Long-Term Disability Lawsuits
You may have the right to bring a lawsuit in federal court to restore your Long-Term Disability benefits, under ERISA (Employee Retirement Income Security Act). However, you must first exhaust your administrative remedies as outlined in your disability plan.
The strength of your case in federal court depends heavily on what happened during the administrative process. The arguments, evidence, medical records, and other information presented during your appeal can be critical to your success in federal court even though your appeals were unsuccessful. Having an attorney involved at the appeal stage is important because it is your best opportunity to build the record that will ultimately be considered in court.
However, even if you unsuccessfully filed your appeals yourself, all is not lost. You can still win by bringing a claim in federal court!
If you are considering litigation in federal court, experienced legal representation becomes even more important. ERISA litigation is governed by specialized rules and strict timelines. Having someone on your side who knows ERISA can make all the difference.