On group LTD ERISA claims, after exhausting all administrative remedies (submissions to the insurance company to change their mind), the next step in fighting for group disability insurance benefits under these ERISA policies is bring your case to Federal Court. After decades of practicing disability and insurance litigation in Federal Court, we have a track record of winning lawsuits when disability claims have been denied. We know your case is too important not to have a highly skilled long-term disability insurance attorney fighting for you.

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When possible, we work with claimants before they file a claim or when their claim is first denied. But if the claim has been denied and all administrative remedies have been exhausted, it is time to go fight in Federal Court. We determine the best jurisdiction available to pursue, as despite ERISA being a federal statute, each circuit carries separate nuanced rules or procedures.

As a national firm, we represent disability insurance claimants throughout all 50 states. We also track disability insurance cases in the federal court system as they are treated differently in different jurisdictions. We know which courts are “friendlier” to claimants and which take a harder line against disability claimants in favor of insurance companies. While we can’t change the venue choices for your case, we can choose among the available choices, and will often co-counsel a case to leverage a more favorable jurisdiction for our clients.

We had a litigation for an employee of a tech company, whose claim had been terminated. After exhausting his appeal rights, we were compelled to sue in Federal Court. Despite being from New York, his employer was located in San Francisco, and we counseled our case with a local colleague. My vivid recollection of our client thanking us for being unselfish (following the successful mediation in San Francisco) and choosing to litigate in a forum that brought more value to his case. That is representative of our practice, and how we look to proceed.

We think client first, we are well prepared, knowing ahead of time what kind of litigation atmosphere we’re going to encounter and work to ensure the most favorable jurisdiction that we can seek. And as shown above, this can have an impact on the final results.

The federal court can be intimidating to attorneys who don’t practice in these courts on a regular basis, another reason to work with an experienced disability insurance attorney. There are required procedures that must be followed carefully and the federal judge often has little tolerance for procedural errors by attorneys or failing to prepare for appearances, to accomplish substantive work.

We often will dual track our litigation in Federal Court, where we aggressively pursue discovery while exploring resolution, through Magistrate run settlement conferences or private mediations. We find good success for our clients in providing them with the opportunity to explore resolution early in the process.

Litigation for Long Term Disability Insurance Claims

Our approach to litigation is similar to our approach to the entire claims process: we pursue all available remedies and explore all avenues of discovery in litigation. We are known by our adversaries as aggressive litigators, strong writers, and zealous advocates, so they often are willing to seek early resolutions, in an effort to neutralize damages, rather than going up against us in court to expose issues and create bad law for the insurance company.

One of our many litigation results was a published decision, Magee v. Metropolitan Life Insurance Company, where we succeeded in having the Southern District Federal Court Judge decide in our favor after many years of intense litigation, submitting briefs and presenting oral arguments. The Court awarded our client his attorneys fees due to our work.

The issue in the Magee litigation was whether or not our client was impaired due to Chronic Fatigue Syndrome, which we have a great deal of experience in defending. Disability insurance companies don’t like to pay CFS claims, taking the position that people with CFS are malingerers and are capable of work. The insurance company’s claim relied on doctors who only did paper reviews of partial medical records from our client’s doctors. Our client’s treating physician was an expert in this condition and his prominence in the field was completely ignored by the insurance company.

The judge not only ruled in our client’s favor but found MetLife’s conduct “arbitrary and capricious.” Our client was awarded all back payments and has been paid his benefits ever since, for the past dozen plus years.

Details Can Make or Break A Long-Term Disability Claim Case

Our experience in litigation of ERISA disability case is vast and deep. Our ability to navigate and negotiate not only with the insurance company’s lawyers, but all of the various entities involved provides our clients an advantage. These issues are not unique to us, we have seen them many times before, something to take comfort in. We have doggedly pursued claims against insurance companies and their hired guns, securing depositions of claim handlers and doctors who have performed examinations to carry out the instructions of the disability insurance company.

In addition to the insurance company, there are companies whose sole function is to review medical claims, others who appear to be medical practices but only perform medical examinations on behalf of the insurance companies and administrative practices (often owned by the insurance company) who process long term disability insurance claims. Although none of these company names (or acronyms MES, MLS, BNI) are familiar to the layperson, their conduct is critical and often harmful to your claim. One of the things Newfield Law Group will do when handling claims on behalf of clients is to manage all communications so that any requests or demands imposed by the disability insurance company or their hired gun are not missed and are responded to forcefully when necessary.

We guide the process, are the claim liaison, and interface with the insurance company on your behalf to protect you throughout the process. Because we see cases that are decided every day, we are confident in litigating with the knowledge of the issues. Our deep knowledge and experience support our positions to secure significant discovery in many of our ERISA disability insurance cases, while sometimes succeeding in influencing the insurance company to reinstate the claim.

Here is what a recent client had to say about working with Jason Newfield in litigation:

“Attorney Newfield is a highly dedicated and committed attorney. His professionalism and strong knowledge in the areas of disability insurance claims, were key in the successful handling of my disability claim, where others had failed. Attorney Newfield, is second to none! He was extremely down to earth friendly, courteous and responsive to my disability claim needs. One thing about attorney Newfield that makes him stand out from other attorneys, is the fact that attorney Newfield calls you himself on a regular basis giving you case updates. I found this to be refreshing and amazing that he takes time out of his busy day to keep you informed.

Attorney Jason Adam Newfield not only puts his client’s interests first, but also gives you a unique and personal service which is unheard for the most part from my experience. Attorney Newfield is an amazing attorney. It is without hesitation that I give Mr Newfield an A+ rating. I cannot thank him enough for the result he obtained in such a short amount of time on my claim!!”

We invite you to call our office for a free, no-obligation consultation. We are a national firm, based in New York. During our conversation, we will be able to give you information about your claim, the insurance company and what your options are to combat what the disability insurance company is trying to do. We will share insight into the process and how we might add value to your claim.

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