Long-Term Disability Lawyer
in Portland, Oregon
Experts in Oregon disability law
If your insurance company has wrongfully denied your long-term disability benefits in Portland, or anywhere in Oregon, then hiring the right lawyer is critical to the success of your claim.
Of course, your lawyer should be an expert in long-term disability and ERISA. That is a given. However, your lawyer must also have an in-depth understanding of Oregon state’s disability laws and legal customs and practices on a local level.
Oregon’s disability laws are highly complex, unique, and totally different from other states’ disability laws. Your lawyer must have the right combination of expertise and experience to take on a big insurance company and get you the benefits you deserve.
That is why Roy Law Group was founded in 2009 – to pull together a team of experts in disability insurance law who know exactly what it takes to win.
I only wished I had found him and hired him sooner instead of struggling with it by myself for a whole year or so... They make everything so easy and fast no matter how far away you live.- M Gardner
Disability insurance law is all we do
We understand the challenges our clients face with a denied disability claim. Insurance companies look for any excuse to deny and have entire departments devoted to this effort.
Our team has seen over and over again the lengths these big insurance companies will go to in order to deny perfectly legitimate disability claims. There’s often little to no chance of success unless you know how to beat them at their own game.
Since 2009, Roy Law Group has been solely dedicated to taking on major insurance companies.
We’ve overturned hundreds of denied claims and recovered millions in long-term disability benefits for our Portland clients and throughout Oregon state. Because disability law has been our sole focus for over a decade, Roy Law Group knows how to beat insurance companies at their own game.
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Federal ERISA vs. Oregon State Law
When you appeal a denied long-term disability claim, how your case will be handled will depend on whether it is governed by ERISA. Approximately 75% of Roy Law Group’s cases are based on ERISA long-term disability insurance disputes.
Divisions of the District of Oregon
What you should know about ERISA
ERISA stands for the Employee Retirement Income Security Act, which is the federal law that governs employee benefit plans. ERISA law is incredibly complicated and highly favors disability insurance companies.
If your employer sponsors your disability insurance plan, meaning it is provided to you as an employee benefit, then it is likely governed by ERISA. All of Portland’s top employers, such as Nike, Adidas, Intel, and US Bank, offer employee benefit plans that are ERISA-governed.
If you have an ERISA-governed case in the state of Oregon, then it will be heard in the U.S. District Court for the District of Oregon.
The District of Oregon has four divisions:
Your case will be heard in whichever division your county falls in.
Potential conflicts between ERISA and Oregon state law
Federal ERISA law takes priority over Oregon state law, except for insurance regulations, which always apply no matter what the circumstance.
For example, ERISA allows insurance companies to include discretionary clauses in their policies, which grant them the authority to make their own interpretations about the terms of their disability policies. However, Oregon has banned discretionary clauses, so instead of going with insurance companies’ interpretations, Oregon courts will generally interpret policy provisions in your favor.
Discretionary clauses are just one example. There are many potential conflicts between ERISA and Oregon state law, and they can get complicated. This is just one more reason to have the support and guidance of an experienced ERISA lawyer when taking on a denied ERISA claim.
Our legal team at Roy Law Group specializes in this area of the law. We can help you to fulfill strict ERISA requirements and avoid potential mistakes so you can get the disability benefits you deserve.
Oregon state disability law
If you have an individual policy that you purchased directly from an insurance company (not through a group or union), then ERISA does not apply to your case. This means the appeal process is covered by state law only.
Individual disability insurance cases in Portland are typically heard in the Multnomah County Circuit Court. The exception to this would be if diversity jurisdiction applies. This basically means the case involves parties from different states and the claim is over a certain dollar amount. In cases where diversity jurisdiction applies, the case is still governed by Oregon state law, but it is almost always heard in federal court.
Further, many states, like Washington and California, would allow you to sue for bad faith and extra-contractual damages for a wrongful denial of disability insurance benefits, but Oregon does not. In Oregon, you are only allowed to sue for contractual damages, but you may be entitled to your reasonable attorney fees and costs if you prevail at trial.
Oregon state disability law is deeply complicated. If your long-term disability claim has been denied, now is the time to hire a lawyer who specializes in this area of the law.
Disability resources for Oregon residents
Talk to a Portland disability lawyer today
With Roy Law Group, you get a dedicated team of experts in long-term disability and ERISA, and Oregon state disability laws –– and we know what it takes to win. Contact us today for your free consultation.Get In Touch Now