When the Appeal Is Not Enough

Disability Litigation

Sometimes an appeal is not the last step — it is the step before the last one. When an insurance company denies your appeal and your benefits remain withheld, you may have the right to take your case to court. Disability litigation is not the path most claimants expect to travel, but for many, it is the path that finally produces results.

Contact Us

Roy Law Group

Jesse Cowell

Lawyer

 

Jesse brings more than 15 years of legal experience to the firm, with specific expertise in civil litigation. His practice has ranged broadly across state and federal court at the circuit, district, and appellate levels. Additionally, Jesse has considerable experience advocating before administrative and governmental agencies. Besides disability, Jesse has experience with HOA and landlord-tenant matters.

 
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Raechel Cowell

Office Manager

 

Raechel leverages her background in hospitality management and teaching to run all aspects of the office and offer compassionate assistance through the legal process.

 
 
You should not have to fight for benefits you earned — especially while you are already fighting for your health. We are here to carry that weight with you.

When Litigation Becomes the Next Step

Disability litigation typically follows an unsuccessful administrative appeal. Under ERISA, once you have exhausted the insurer's internal appeals process, you have the right to file a civil action in federal court seeking the benefits owed under your plan.

 

Litigation may be appropriate when:

  • Your appeal has been denied and benefits remain withheld
  • The insurer acted in bad faith or failed to provide a fair review
  • The administrative record supports your claim but the insurer continues to deny
  • Your policy does not fall under ERISA and state-law remedies apply
  • You are approaching a statute of limitations deadline

 

Not every case is appropriate for litigation. We evaluate each situation honestly and advise clients on whether pursuing a lawsuit is likely to produce a meaningful result.

Get it right from the start.

Filing a disability claim is one of the most important things you will do during an already difficult time.