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If you file an Employee Retirement Income Security Act (“ERISA”) long term disability lawsuit, your success will depend heavily on which legal standard of review the court applies.  The standards are anything but equal.  The one used in your case can have a substantial impact on your success.

Litigating an ERISA long term disability lawsuit against your insurer can be an arduous and time-consuming task.  Your attorney must plan strategically to maximize your chances of success.  Even with the most seasoned attorney in your corner, you must still prepare to meet certain challenges.  Here are five challenges you’re likely to face in your ERISA long term disability lawsuit.

Riemer Hess aggressively litigated a hotly contested long term disability lawsuit against Sun Life – ultimately winning over 15 years of unpaid benefits for the Plaintiff, despite Sun Life’s unsuccessful appeals. The judge’s opinion in this case is a major victory for the Plaintiff, as well as future disabled claimants who are victims of insurance company abuse and delay tactics.

The court may require you to participate in some form of mediation during your long term disability lawsuit, depending on where your case is located.  Even if you aren’t required to mediate, your attorney may still recommend mediation because of its potential benefits for you.  Knowing the benefits and opportunities mediation presents will help you understand what to expect and whether mediation is right for your long term disability lawsuit.