Lawyers and Settlements
Home Page >> Hot Legal Issues >> California Denied Disability Insurance Law

California Denied Disability Insurance Law

People who have health insurance and become disabled sometimes have a California denied disability insurance claim for illegitimate reasons. In such instances—whether the denied claim is due to bad faith insurance or an ERISA violation—victims of unethical health and disability insurance denials can file an appeal or a California denied disability lawsuit, depending on their situation, against their insurance company. A California disability insurance attorney can help file a denied ERISA disability lawsuit or a denied long-term disability lawsuit.


Send your California Denied Disability Insurance claim to a lawyer who will review your claim at NO COST or obligation.Get Legal Help Now

California Denied Disability Insurance

If you have purchased insurance on your own through an insurance broker (i.e., not an employee benefit health plan through your employer), you have "first party insurance". In cases where you have a dispute with your insurance company over a denied disability claim, you are eligible to file a California bad faith insurance lawsuit against your insurance company, to attempt to force them to cover your medical expenses. You may also be able to claim punitive damages and pain and suffering, if the insurance company's conduct has been outrageous.

Tactics insurance companies use to deny or unreasonably delay claims include requesting information be sent multiple times, canceling an insurance policy claiming the patient lied on the insurance application—even if the question that was answered wrongly had nothing to do with the current claim—having employees dispute or argue against a medical diagnosis, and claiming a person is not disabled, despite evidence from a doctor that the person is disabled.

California state law governs all insurance policy agreements for California residents who have "first-party insurance" (as opposed to an employer-sponsored insurance plan, which falls under the Employee Retirement Income Security Act (ERISA), see below) . As such, insurance companies are required to assess insurance claims with "good faith and fair dealing". When an insurance company denies disability claims due to the above disability insurance denial tactics, they have acted in bad faith, and may be subject to a California denied disability lawsuit.

California Denied ERISA Insurance Claims

If your insurance was provided by your employer, your insurance claim is covered under the Employee Retirement Income Security Act (ERISA). In this case, you must first file an appeal of your insurance denial within 180 days. If your appeal is denied, you may then file a lawsuit. In this situation, it can be a good idea to have a California disability insurance lawyer help with the appeal process as the process must be correctly adhered to, and all paperwork and supporting documents correctly filled out and included.

Because victims of a denied ERISA disability claim do not have the opportunity to testify at an ERISA claim appeal, a California denied disability attorney can be of help in navigating the appeals process. Not all California insurance lawyers will take on ERISA denied disability claims because they are typically litigated in Federal Court, and not all attorneys have the experience or comfort level with arguing a case there; attorneys who specialize in California ERISA denied disability cases have that experience and are more apt to take such cases.

The judge deciding a California denied ERISA disability case looks only at the paperwork and the patient's file, so having the paperwork in order helps a lot with the appeal. A California insurance attorney can help ensure you have the proper reports and can make a statement on your behalf at the hearing. Once a denied ERISA appeal is closed, however, the attorney cannot help with that part of the process.

With ERISA-covered insurance, patients are only eligible to recover attorney's fees and medical coverage. There is no allowance for punitive damages or pain and suffering.

California Denied Disability Insurance Claim Help

Regardless of whether you have first-party or group insurance through your employer, once you receive a denial of your claim, you can contact a California denied disability attorney to help you through the claims process. Depending on what type of insurance you have, you will either file a denied disability lawsuit to recover costs or file an appeal of your California ERISA denial.

California Denied Disability Insurance Legal Help

If you or a loved one has suffered similar damages or injuries, please click the link below and your complaint will be sent to a lawyer who may evaluate your claim at no cost or obligation.
Last updated on


Anthem Blue Cross Faces Another California Insurance Lawsuit
Anthem Blue Cross Faces Another California Insurance Lawsuit
August 28, 2014
Los Angeles, CA Another California insurance lawsuit has been filed against Anthem Blue Cross, alleging the company changed policyholders’ insurance plans without telling them, resulting in unforeseen medical bills. The lawsuit, filed in August, follows a California insurance lawsuit filed in July that made similar allegations against the insurance company [READ MORE]

UnitedHealth Files Lawsuit against California Insurance Commissioner
UnitedHealth Files Lawsuit against California Insurance Commissioner
July 30, 2014
Los Angeles, CA Usually insurance companies are the defendants in insurance lawsuits that involve allegations of mishandled claims, but UnitedHealth has filed a California insurance lawsuit against the California insurance commissioner. The lawsuit alleges California Insurance Commissioner Dave Jones is abusing his power and has sought punishment against the insurer for minor violations [READ MORE]

Surgeon Sues Over California Denied Disability
Surgeon Sues Over California Denied Disability
July 16, 2014
Walnut Creek, CA A recent court decision under California insurance law demonstrates just how complex lawsuits alleging denied disability insurance can become. There is also no guarantee that a rider purchased on an insurance policy will automatically provide the benefits associated with that rider, without the courts becoming involved [READ MORE]


Posted by
CalPERS LTC gave incorrect information to our HMO. Terminally ill husband under hospice care was put into incorrect facility for six days for "rehab." I got him into correct facility and paid $3850 for his care. He died 16 days later. CalPERS LTC has not paid ONE RED CENT! And we both have paid into it for about 20 years. If I need LTC will they pay? I seriously doubt it! But do I dare drop the policy?


Fields marked * are mandatory. Please read our comment guidelines before posting.


Note: Your name will be published with your comment.

*Email Address:

Your email will only be used if a response is needed.
*Your Comment:

Are you the defendant or a subject matter expert on this topic with an opposing viewpoint? We'd love to hear your comments here as well, or if you'd like to contact us for an interview please submit your details here.