You always should determine whether your long-term disability plan is an individual long-term disability insurance policy or an employer-sponsored plan that is governed by ERISA. One of the significant differences between these two types of plans is the availability of some remedies in appealing a denial of benefits, including the right to a jury trial.

If you are suing over the denial of long-term disability insurance benefits through an individual plan not governed by ERISA, you have the right to demand a jury trial. However, there are strict deadlines by which you must request a jury trial. If you miss these deadlines, even by a day or two, the court may determine that you have waived your right to a jury trial.

When disputing the denial of benefits under an ERISA-governed policy, however, you have no right to a jury trial. Depending on the standard of review applicable to your claim, a judge will decide your case on summary judgment motions or following a bench trial. If the judge is using the “abuse of discretion” standard, which requires a great deal of deference to the insurance company’s decision, then the judge will review the record and the parties’ respective motions before issuing a written decision. If, however, the court is considering the decision using the de novo standard, then the judge will hold a bench trial rather than a jury trial.

In many cases, the unavailability of a jury trial is more likely to be damaging to the claimant who is being denied benefits rather than the insurance company. Jury trials can evoke a great deal of emotion when jurors consider the situation of a person who is fighting for long-term disability benefits. When a judge makes a decision after a bench trial or the submission of written motions instead of a jury hearing testimony and evidence from the parties involved, the focus is more on the legal standards of review rather than the claimant’s medical condition or the events that occurred. Since the standard of review tends to be very deferential to the decision of the insurance company in many cases, claimants arguably may have a more difficult time mounting a successful appeal than if they had the right to a jury trial.

It can benefit you greatly to get legal advice about the most effective means of building and maintaining the most successful ERISA long-term disability claim possible. Bonnici Law Group provides skilled, aggressive legal representation regularly for individuals who are seeking long-term disability benefits under insurance policies governed by ERISA. Our priority is to represent your interests and protect your rights to the benefits that you deserve. Call us at 858-261-5454 and schedule an appointment to meet with us about your case today.