Have you been denied disability benefits? Or do you just want an attorney who knows what to do if you are denied? Talk to the attorneys who can appeal any unfavorable decision all the way to federal court.
Federal Court Appeals for Social Security Disability Benefits
Social Security routinely denies disability benefits to those who deserve them. If you are denied benefits by the Social Security Administration after an administrative hearing, your only recourse is to sue Social Security in federal court. You have the right to have a federal judge review Social Security’s decision to determine if it is supported by the relevant law and facts.
Keller & Keller can help you obtain the disability benefits you deserve by representing you at any stage of an appeal. Even if you have only recently filed a claim or have yet to file a claim, it is very important to have an attorney who can appeal any denials all the way to federal court. Hire an attorney who can help you fight Social Security if they deny you disability benefits.
We are willing to help you fight Social Security even if you were represented by another attorney at your administrative hearing. If you have been denied benefits and your attorney is not able to pursue an appeal in federal court, call Keller & Keller. Our attorneys have successfully argued many cases before the federal courts, and have won cases before the United States Courts of Appeal. If you have recently been denied by an Administrative Law Judge or the Appeals Council, contact us immediately for a free consultation.
Long Term Disability Claims in Federal Court
Keller & Keller can also appeal for those who have been denied long term disability insurance benefits provided through their employer. Many long term disability policies are governed by the Employee Retirement Income Security Act (ERISA). Because ERISA is a federal law, a lawsuit involving the denial of ERISA disability benefits must be filed in federal court. Keller & Keller may be able to file a lawsuit on your behalf.
Prior to initiating a lawsuit for a long term disability claim, however, an internal appeals process must usually be exhausted. If your long term disability benefits have been denied, then ERISA provides you with the right to appeal the insurance company or claims administrator’s unfavorable determination. But there is a limited time to appeal—usually 180 days from the date of the denial letter—and benefits are forfeited if an appeal is not timely submitted. The appeal process is crucial to the success of the lawsuit in federal court because discovery of medical evidence is limited in ERISA lawsuits. That means that if the insurance company or claims administrator did not receive important medical evidence at the time of their final appeal determination, the medical evidence will not be considered as part of your lawsuit.
Keller & Keller can also help you appeal to the insurance company. If you have received a denial letter stating that your short term disability or long term disability benefits are denied, contact Keller & Keller immediately for a free consultation. Our experienced disability attorneys can assist you with your short term or long term disability appeal. (See also “7 Tactics Used by Long Term Disability Insurance Companies to Terminate Benefits”). If the insurance company or claims administrator continues to deny your benefits after the appeal process has concluded, then Keller & Keller can fight for your disability benefits in federal court. Call us today at 1-800-253-5537 for a free consultation about your short term disability or long term disability benefits.