New Jersey Disability Insurance Lawyer

Fighting for Plaintiffs to Get Disability Benefits in NJ

For over two decades, the New Jersey disability attorneys at Dabdoub Law Firm have provided claimants with effective and aggressive legal representation at every stage of the disability claims process. Since its inception, our firm has exclusively practiced disability insurance law, which has equipped us to secure the benefits our clients need and deserve. Our team is dedicated to ensuring that each case is approached with the attention and precision it deserves, recognizing the unique circumstances of every client we represent. We have honed our strategies to combat common obstacles in claims, adapting to changes in regulations to stay ahead. Our firm was built to do precisely one thing: get you disability benefits as quickly and thoroughly as possible.

To secure the services of our firm, contact our New Jersey disability attorney for a free initial consultation at (800) 969-0488.

Group & Individual Disability Insurance Policies 

Many employers throughout New Jersey offer their employees group disability insurance coverage. Group disability insurance policies generally fall under a federal law called the Employee Retirement Income Security Act of 1974 (ERISA). This law provides a framework for the policies, involving aspects crucial to understanding if you're a claimant. It's not just about recognizing the policy terms but also how they interact with federal regulations. ERISA is a very complicated area of law and, as such, most people do not understand it. It is so important to your claim that you hire an experienced ERISA attorney who knows how to navigate the law properly. This involves understanding the documentation required, timelines critical to filing and contesting decisions, and procedural nuances that affect the trajectory of your claim. In doing so, your chances of succeeding against the big insurance companies are much greater.

Why New Jersey Disability Claims Favor Claimants

A rule was passed in New Jersey in 2007 that aims to change the standard of review in disability insurance cases in favor of the claimant. Its intention is to change the standard from arbitrary and capricious to de novo. This change is vital, as it aims to provide a more balanced hearing where the evidence can speak for itself. Essentially, the rule took away “discretion” from the disability insurance companies.

If the disability insurance company has discretion, it is very difficult for the claimant to win, and the burden to prove unreasonableness is significantly higher. The federal judge must find that the insurance company acted unreasonably in denying or terminating disability insurance benefits. Unfortunately, it is unclear whether the courts agree that this rule will change the standard of review and ban discretion. However, if the courts do agree and discretion is banned, the claimant has a much better chance of winning. The judge now has only to find whether you are disabled from working based on the medical evidence rather than procedural technicalities. The judge does not have to consider the reasonableness of the insurance company’s decision.

Understanding New Jersey's Disability Insurance Climate

New Jersey has unique regulations and standards that differ from those of other states, making it crucial for residents to understand these differences when pursuing disability claims. Local laws are particularly favorable to claimants compared to other regions, placing a higher emphasis on the claimant's medical evidence than the insurer's discretion. This regional stance empowers claimants, offering a level playing field when contesting insurance denials.

Additionally, New Jersey's diverse economy and workforce mean disability insurance coverage can vary greatly based on the employer and sector. From large corporations in technology and pharmaceuticals to small family-run businesses, each comes with its own set of insurance protocols and coverage implications. Therefore, understanding local employment sectors and their typical insurance policies can aid claimants in planning effective legal strategies.

How We Help Win Disability Claims & Appeals in New Jersey

Filing a claim in New Jersey is more favorable to the disabled and should be done whenever possible. If you currently live in New Jersey, or if you lived in New Jersey when the disability insurance company denied or terminated your disability benefits, you may be able to file your lawsuit there. The importance of the venue cannot be understated, as it affects not only jurisdiction but also the local interpretations of applicable laws. You may also file in New Jersey if you were living there when you became disabled.

Dabdoub Law Firm has helped hundreds of people with their ERISA disability insurance cases. We are familiar with the tactics of each insurance company and know what to expect when handling your claim. Our approach includes a meticulous review of your medical records and claim history to tailor a strategy that addresses the most critical aspects of your situation. Staying updated with the changing regulations ensures we are always five steps ahead, so your case has the strongest foundation possible!

Common Questions About Disability Insurance

What Should I Do If My Disability Claim Is Denied?

If your disability claim is denied, it's important not to panic. The first step is to thoroughly read the denial letter from the insurance company, which will outline the reasons for denial. This document is critical as it allows you to understand the insurer's rationale and prepare a structured response. Next, consider gathering any additional evidence, such as further medical records or a comprehensive statement from your healthcare provider, that could support your claim. Consulting a knowledgeable disability insurance attorney in New Jersey, like those at Dabdoub Law Firm, can provide invaluable guidance.

How Long Does a Disability Claim Take to Process in New Jersey?

The timeline for processing a disability claim in New Jersey can vary based on the specifics of the situation and the complexity of the medical evidence presented. Initially, insurers typically respond within 45 days, though this can extend if additional information is required. It is crucial to submit all necessary documentation promptly and accurately to avoid delays. If a claim is contested, the appeals process can take several more months, where new information is evaluated and further legal steps may be needed. Staying in contact with your insurance provider and possibly a legal representative ensures that you are informed and prepared throughout the process.

Our New Jersey disability insurance lawyers can help you with your initial claim, appeal a termination or denial, or even file a lawsuit on your behalf in Federal Court. Contact us today!