Long Term Disability Lawsuit: What Does it Take to be Successful?

Dorian Law Takes Your Disability Fight to Court

“Brent Brehm did a great job helping me settle a disability claim that had been denied. I am a happy camper now.”
— Posted by Bernie C.

Is it worth suing the insurance company for denying a claim?

Despite your best efforts, a wrongful disability insurance denial can sometimes persist even after a well-prepared appeal. At Dorian Law, we know this can feel like a devastating setback. But it is not the end of your fight. Litigation is the next powerful step – the ultimate tool to enforce your rights and secure the disability benefits you deserve. And Dorian Law is not just prepared to litigate – we are prepared to win.

Litigation means formally taking your denied disability insurance claim to court. It’s a legal battle where we present your case before a judge or jury to prove that the insurance company wrongfully denied your benefits and must be legally compelled to pay you what you are owed under your policy.

This page explains what disability insurance litigation entails, covering both ERISA lawsuits for group policies and state law lawsuits for individual policies. We will highlight the critical differences between these types of litigation and demonstrate why Dorian Law is the choice to represent you in court and achieve a successful outcome.

Why is Dorian Law the Choice for Your Disability Lawsuit?

Because disability insurance litigation is a complex and high-stakes arena. Insurance companies are formidable adversaries with vast resources and teams of lawyers. You need a legal team that not only understands the intricacies of disability law but possesses the tenacity, courtroom skills, and proven ability to win. Dorian Law does that in four ways:

  • Our client-focused approach, proven track record, and deep industry knowledge are amplified in the courtroom. We are litigators first and foremost, prepared to go the distance to secure your benefits.

  • We are intimately familiar with insurance company tactics, defense strategies, and the “independent” experts they employ. Our Deep Industry Knowledge allows us to anticipate their moves, proactively counter their arguments, and expose their weaknesses in court.

  • We believe in exhaustive case preparation. We conduct in-depth investigations, meticulously analyze policy documents and records, develop compelling legal strategies, and leave no stone unturned in building the right case for trial. Our Client-Focused Approach means we invest the time and resources necessary to prepare your case for maximum impact in court.

  • Dorian Law is known for our tenacity, skilled advocacy, and persuasive courtroom presence. We are not intimidated by large insurance companies. We are relentless in our pursuit of justice for our clients and will fight tirelessly to win your case before a judge or jury. Dorian Law is committed to being your unyielding champion in the courtroom.

If you're ready to sue, we're ready

ERISA Disability Litigation

When your employer sponsored disability claim is wrongfully denied, even after exhausting your administrative appeals, federal court litigation is the definitive next step. ERISA litigation is a specialized field with unique characteristics:

  • Federal Court Dominance: ERISA lawsuits are exclusively filed in U.S. District Court, governed by federal rules and ERISA law. Dorian Law’s litigators are seasoned federal court practitioners, intimately familiar with ERISA procedure and federal judicial precedent.

  • Administrative Record – Our Weapon of Choice: Federal court review in ERISA cases is typically confined to the "administrative record" – the documents and evidence presented during the claim and appeal process. This is why Dorian Law emphasizes building an ironclad administrative record from the outset . In litigation, we wield this strong record as our primary weapon to demonstrate the insurer’s wrongful denial.

  • "Arbitrary and Capricious" – We Overcome Deference: Courts often apply an "arbitrary and capricious" standard of review in ERISA cases, seemingly favoring the insurance company's decision if it appears "reasonable." Do not be misled. Dorian Law has the Deep Industry Knowledge to know when and how the standard of review can be changed to one that is fair. If that’s not possible, Dorian Law has a Proven Track Record of overcoming this deferential standard. We meticulously dissect the administrative record, expose the unreasonableness of the insurer's decision, and persuade federal judges to overturn wrongful denials.

  • Policy Language and ERISA Compliance – Our Areas of Deep Knowledge: ERISA litigation frequently hinges on intricate policy language interpretation and demonstrating the insurer's failure to comply with ERISA's stringent procedural rules. Dorian Law’s Deep Industry Knowledge of ERISA law and policy intricacies make us thought leaders in the field. We exploit insurer missteps and policy ambiguities to build winning cases.

  • Breach of Fiduciary Duty – Holding ERISA Fiduciaries Accountable: In ERISA litigation, we aggressively pursue breach of fiduciary duty claims when insurance companies or plan administrators have acted improperly, violated ERISA fiduciary standards, or prioritized their interests over yours. Dorian Law is a leader in holding ERISA fiduciaries accountable, ask us for a copy of the article we wrote about it.

  • Remedies – Focused on Results: While ERISA remedies are primarily limited to unpaid benefits and attorney fees, Dorian Law is laser-focused on maximizing these recoveries for our clients. Winning your unpaid benefits is our core objective in ERISA litigation.

  • Bench Trials – Judge as Decider: ERISA benefit claims are typically decided by a federal judge, not a jury. Dorian Law’s litigators are highly skilled at presenting complex ERISA cases persuasively to federal judges, crafting compelling legal arguments and mastering the art of bench trial advocacy.

"Bad Faith" LTD Litigation

For individual disability policies, or non-ERISA group policies, when insurance companies engage in wrongful claim denials, state law litigation, including "bad faith" claims, provides a powerful arsenal of legal options. "Bad faith" refers to an insurer's unreasonable, unfair, and often egregious conduct in handling your claim – and state laws can offer powerful remedies to punish such behavior:

  • State Law Advantage: Bad faith lawsuits are governed by state rules and state insurance law, often providing advantages and different legal standards compared to ERISA. .

  • Broader Discovery – Uncovering Insurer Misconduct: State law litigation allows for much broader "discovery" than ERISA. Dorian Law leverages this expanded discovery to investigate insurer practices, demanding internal documents, claims manuals, and communications to expose evidence of bad faith, unfair claim handling, and systemic issues.

  • "Breach of the Covenant of Good Faith and Fair Dealing" – The Cornerstone of Bad Faith: State law can recognize an implied "covenant of good faith and fair dealing" in all insurance contracts. Let Dorian Law demonstrate how the insurer acted unreasonably and unfairly in denying your valid claim, violating their legal and ethical obligations.

  • Right to a Jury Trial: In state law bad faith cases, you generally have the right to a jury trial, allowing your case to be decided by a jury of your peers, which can be advantageous.

"Bad Faith" Conduct – We Expose and Punish Unfair Practices: "Bad faith" conduct in disability claims takes many forms, and Dorian Law is prepared to expose them, including:

  • Unreasonable Claim Denials: Denying a claim without fair justification, ignoring clear evidence of disability, or twisting policy language.

  • Sham Investigations: Conducting biased, inadequate, or pretextual investigations designed to reach a pre-determined denial.

  • Misrepresenting Policy Terms: Distorting policy language to deny coverage where it should rightfully exist.

  • Oppressive Delays and Obstruction: Unjustifiably delaying claim processing, failing to communicate, or creating unnecessary hurdles for claimants.

  • Coercive Tactics: Using intimidation or pressure to force claimants to abandon their valid claims.

Potential for Extra-Contractual Damages: Unlike ERISA, bad faith litigation under some state laws may allow you to recover "extra-contractual" damages beyond just the policy benefits. These can include:

  • Compensatory Damages for Emotional Distress: Compensation for the profound emotional suffering, anxiety, and mental anguish caused by the insurer’s bad faith actions.

  • Punitive Damages: In cases of egregious bad faith, some state laws allow for punitive damages, designed to punish the insurer's malicious behavior and deter future misconduct – often amounting to multiples of the policy benefits. While the standard of proof is very high, Dorian Law pursues punitive damages when insurer conduct warrants such punishment.

  • Attorney Fees and Costs: Similar to ERISA, you can typically recover attorney fees and costs if you prevail in a bad faith lawsuit, but the fees may be limited to time spent proving breach of contract.

Frequently Asked Questions (FAQ) About Long Term Disability Litigation

  • A: Litigation is the necessary and right step when your disability claim has been wrongfully denied, and the insurance company refuses to overturn the denial through the appeal process. If you believe the denial is unjust, litigation is your legal recourse to challenge the decision in court and enforce your rights.

  • A: We provide honest case assessments and will advise you on the likely strengths and challenges of your case. Of course, the chances of success in litigation depend on the specific facts of your case, the policy language, the applicable law (ERISA or state law), and the strength of your legal representation. We will give you straight answers in your free consultation. While no attorney can guarantee a win, Dorian Law's Proven Track Record and industry knowledge significantly increase your odds of a favorable outcome.

  • A: Litigation timelines vary depending on the complexity of the case, the court's schedule, and whether the case goes to trial. ERISA cases can sometimes be resolved more quickly than bad faith cases, as they are often decided based on the administrative record. However, both types of litigation can take anywhere from several months to over a year, or even longer in complex cases. Our Client-Focused Approach includes proactive case management to move your case forward as efficiently as possible.

  • A: Litigation costs can include attorney fees, court filing fees, expert witness fees, and other expenses. At Dorian Law, we often work on a contingency fee basis for LTD litigation, aligning our interests with yours. You typically don't pay us attorney fees upfront; instead, our fee is a percentage of the benefits we recover for you. We will discuss costs and fee arrangements transparently during your free consultation.

  • A: In ERISA litigation, winning often hinges on demonstrating that the insurance company's denial was wrong or "arbitrary and capricious" based on the administrative record. In state law bad faith litigation, winning often involves proving the insurer acted unreasonably and in bad faith, and persuading a jury to hold them accountable and award significant damages. Dorian Law tailors our approach to the specific legal arena to maximize your chances of victory.

  • A: Punitive damages are extra-contractual damages awarded in some state law bad faith cases (not available in ERISA or every state). They are intended to punish insurance companies for egregious misconduct and deter future bad faith practices. Punitive damages are reserved for cases where the insurer's bad faith conduct is particularly malicious, oppressive, or fraudulent. While not awarded in every case, Dorian Law pursues punitive damages when the insurer's actions warrant such punishment and when state law allows, maximizing your potential recovery.