Long-Term Disability Lawsuit: What Does It Take to Be Successful?
A wrongful denial that survives your appeal isn't the end of the fight — it's the next stage. Dorian Law isn't just prepared to litigate. We're prepared to win.
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 isn't 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.
Litigation means formally taking your denied disability insurance claim to court — a legal battle where we present your case before a judge or jury to prove the insurance company wrongfully denied your benefits and must be legally compelled to pay you what you're owed under your policy. This page covers both ERISA lawsuits for group policies and state law "bad faith" lawsuits for individual policies, and the critical differences between them.
"Brent Brehm did a great job helping me settle a disability claim that had been denied. I am a happy camper now."
— Bernie C.Why Dorian Law Is the Choice for Your Disability Lawsuit
Insurance companies are formidable adversaries with vast resources and teams of lawyers. You need a legal team with the tenacity, courtroom skill, and proven ability to win. Dorian Law delivers that in four ways.
Purpose-Built for Litigation Success
Our client-focused approach, proven track record, and deep industry knowledge are amplified in the courtroom. We are litigators first, prepared to go the distance to secure your benefits.
We Anticipate and Counter Insurer Tactics
We're intimately familiar with insurance company defense strategies and the "independent" experts they employ — letting us anticipate their moves and expose their weaknesses in court.
Meticulous, Relentless Case Preparation
In-depth investigation, careful analysis of policy documents and records, and compelling legal strategy — we invest the time and resources necessary to prepare your case for maximum impact at trial.
Tenacious, Persuasive Courtroom Advocacy
We are not intimidated by large insurance companies, and we fight tirelessly to win your case before a judge or jury.
ERISA Disability Litigation
When an employer-sponsored disability claim is wrongfully denied, even after exhausting 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 filed exclusively in U.S. District Court, governed by federal rules and precedent. Our litigators are seasoned federal court practitioners.
The Administrative Record — Our Weapon of Choice
Federal court review is typically confined to what was submitted during the claim and appeal process — exactly why we emphasize building an ironclad administrative record from the outset.
Overcoming "Arbitrary and Capricious" Deference
Courts often defer to the insurer's decision unless it appears unreasonable. We know when the standard of review can be changed to one that's fair, and how to dissect the record to overcome this deference when it can't.
Policy Language & ERISA Compliance
Litigation frequently hinges on interpreting intricate policy language and demonstrating the insurer's failure to comply with ERISA's procedural rules — we exploit both.
Breach of Fiduciary Duty
We aggressively pursue these claims when insurers or plan administrators have violated ERISA fiduciary standards or prioritized their own interests over yours.
Bench Trials — The Judge Decides
ERISA benefit claims are typically decided by a federal judge, not a jury. We're skilled at presenting complex ERISA cases persuasively in that format.
While ERISA remedies are primarily limited to unpaid benefits and attorney fees, winning your unpaid benefits is our core objective — and we're laser-focused on maximizing that recovery.
"Bad Faith" LTD Litigation
For individual disability policies, or non-ERISA group policies, 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.
Why State Law Litigation Is Different
- State Law Advantage: governed by state rules and insurance law, often with different standards than ERISA.
- Broader Discovery: we demand internal documents, claims manuals, and communications to expose bad faith and systemic claim-handling issues — far beyond what ERISA's process allows.
- Breach of the Covenant of Good Faith and Fair Dealing: the cornerstone of a bad faith case — showing the insurer acted unreasonably and unfairly in denying a valid claim.
- Right to a Jury Trial: your case is decided by a jury of your peers, which can work meaningfully in your favor.
"Bad Faith" Conduct We Expose
Unreasonable Denials
Denying a claim without fair justification, ignoring clear evidence of disability, or twisting policy language.
Sham Investigations
Biased, inadequate, or pretextual investigations designed to reach a predetermined denial.
Misrepresenting Policy Terms
Distorting policy language to deny coverage that should rightfully exist.
Oppressive Delays & Coercive Tactics
Unjustified delays, poor communication, and intimidation designed to pressure claimants into abandoning valid claims.
Extra-Contractual Damages Available
Unlike ERISA, bad faith litigation under some state laws allows recovery beyond just the policy benefits: compensatory damages for emotional distress, punitive damages in cases of egregious misconduct (often amounting to multiples of the policy benefit, though the standard of proof is high), and attorney fees and costs.
Frequently Asked Questions About LTD Litigation
Litigation is the necessary next 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.
The chances of success 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. No attorney can guarantee a win, but we provide honest case assessments and will give you straight answers about the strengths and challenges of your case during a free consultation.
Timelines vary depending on case complexity, the court's schedule, and whether the case goes to trial. ERISA cases can sometimes resolve more quickly than bad faith cases since they're often decided on the administrative record, but both can take anywhere from several months to over a year, or longer in complex cases.
Litigation costs can include attorney fees, court filing fees, and expert witness fees. We often work on a contingency fee basis for LTD litigation, meaning you typically don't pay attorney fees upfront — our fee is a percentage of the benefits we recover for you. We discuss costs and fee arrangements transparently during your free consultation.
In ERISA litigation, winning often hinges on showing the denial was wrong or "arbitrary and capricious" based on the administrative record — decided by a judge. 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. We tailor our approach to the specific legal arena to maximize your chances.
Punitive damages are extra-contractual damages awarded in some state law bad faith cases — not available in ERISA claims, or in every state. They're intended to punish egregious insurer misconduct and deter future bad faith practices, and are reserved for cases where the conduct is particularly malicious, oppressive, or fraudulent. We pursue punitive damages when the insurer's actions warrant it and state law allows.
Meet the Author
If You're Ready to Sue, We're Ready
A denied appeal isn't the end of your fight. We'll review your case, explain your options under ERISA or state law, and tell you honestly what it will take to win. The consultation is free.