ERISA Lawyer for Disability and Life Insurance Cases in the First Circuit Serving Maine New Hampshire Massachusetts Rhode Island and Puerto Rico
Has your ERISA disability insurance claim been denied? If so, you must file an appeal within 180 days of the initial denial. Writing an appeal is like writing a Ph.D. Thesis and isn’t for the faint of heart. The appeal is the trial of your case. You can’t hold your evidence for your day in court!
What happens if the disability insurance company reviews your appeal and says “no we won’t change our mind” and they uphold their claims denial?
A denied ERISA disability policy holder has just two choices. Give up or file a lawsuit in federal district court. A federal court is a scary place, and most lawyers, even if they understand ERISA, don’t want to appear in front of a judge with a lifetime appointment.
At Cavey Law, we handle appeals of denied ERISA disability claims, file a lawsuit in the federal district court and, if need be, appeal to the First Circuit.
If you live and work, or if your employer operates, in Maine, New Hampshire, Massachusetts, Rhode Island or Puerto Rico, your case can end up in federal district court in one of these states or the First Circuit located in Boston.
We can provide you with assistance at all stages of your case and understand how the district court and First Circuit views and decides if an ERISA policy holder is paid the disability benefits they deserve.
Exhaustion of Remedies in First Circuit ERISA Disability Claims
Disability insurance companies delay and deny on purpose. They are trying to exhaust you financially and wear you down so you give up. But, you can’t just “ pass go” and sue your disability carrier. You have to “exhaust” your administrative remedies before you can file suit and the First Circuit is pretty strict about requiring the policy holder to go through the appeal process. Otherwise, the court will dismiss your case. If your lawsuit is dismissed and you missed the time deadlines for filing the appeal, the First District will toss your case out of court with prejudice.
That’s why it is crucial that you have an experienced First Circuit ERISA attorney represent you if your claim has been denied and you have to file an appeal or file a lawsuit in Federal court.