Montana Disability Attorney

Many people receive long term disability coverage through their employment. Such coverage provides financial support if you are disabled and unable to continue working. A majority of disability claims fall under a federal law called the Employee Retirement Income Security Act of 1974 (ERISA).

ERISA law is very complex. It is important you hire a disability insurance attorney who understands ERISA. The attorneys in our firm have many years of experience of handling long term disability claims, appeals, and lawsuits. If your short term or long term disability benefits have been denied, or you are considering filing a claim for disability benefits, give us a call to discuss what you can expect.

The Importance of Your Appeal

You are entitled to appeal a denial of short term or long term disability benefits. Under ERISA, the appeal may be your last chance to submit medical information supporting disability benefits. Thus, it is very important you hire an attorney with experience handling ERISA claims and appeals. Our disability lawyers understand the importance of the appeal. We will work with you in your quest to have your appeal approved.

What Happens if My Appeal is Denied?

Following an appeal denial, you have the option to bring a lawsuit in federal court. Our disability lawyers are able to file a lawsuit on your behalf.

Confusion Surrounding Montana Law.

Most disability policies grant the insurance policy discretion. This means the insurance company is the sole decision making authority deciding a claim for short term or long term disability benefits. As a result of this discretion, a judge must rule in favor of the insurance company unless it was completely unreasonable in denying benefits. This is a difficult standard to meet. Merely proving disability is not enough.

Many states have passed laws banning discretionary clauses in disability insurance policies. Indeed, Montana has passed a law that allows Montana’s commissioner of insurance to disapprove any insurance policy which contains a discretionary clause. Yet, courts in Montana have found that this law does not clearly ban discretionary clauses from all disability insurance policies. This can be confusing. Our lawyers can help you better understand the provisions in your policy.

Let Our Attorneys Represent You with Your Claim for Disability Benefits

ERISA allows our firm to represent people across the nation. We have helped many people in Montana receive the benefits they deserve. At Dabdoub Law Firm, our disability insurance attorneys are equipped to put you in the best position to succeed. Let us fight for you.

Give us a call so that we can assist you in your fight for disability benefits.