Waiver

It can be crucial to hire an experienced long term disability lawyer at the early stages of the claim for a number of reasons.  One reason is that if the claim is denied, and an appeal is filed that does not assert the correct arguments, the insurance company may attempt to argue in Court that the claimant is precluded from raising an argument in Court that was not previously asserted in the appeal to the Plan Administrator.  For example, in Frost v. Hartford Life & Accident Ins. Co., 2010 U.S. Dist. Lexis 7271 (D.N.H. Jan. 28, 2010), the Court described an ERISA plaintiff’s failure to raise an argument before a plan administrator prior to raising the argument in federal court as a “flaw.”

If you need help with your long term disability claim, feel free to contact Patrick A. Cruise in Chattanooga, TN.

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About tngadisabilitylawyer
Disability Lawyer in Tennessee and Georgia.

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