When can I sue for my disability benefits?

Allan W. Ben, PC: Depending on your type of disability benefit, you may have to exhaust your remedies with the carrier. If your policy is an individual policy, then you can bring your action directly to court without having to exhaust the administrative procedures afforded by the insurance carrier. Traditionally group disability policies are brought in federal district courts and individual polices can be brought in either, state or federal court. If the carrier offers an appeal on an individual policy it is usually a voluntary appeal and the decision to take the appeal is one that should be made after speaking with your attorney.

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