Long-Term Disability Lawyer
Portland, Oregon
Living with a disability is hard enough—you shouldn’t have to fight your insurance company alone. Since 2009, our Portland team has overturned hundreds of wrongfully denied claims across Oregon.
If you live in Portland and an insurance company has denied your disability claim, it’s critical to hire a lawyer who specializes in disability insurance law, ERISA, and Oregon state laws. With the right legal representation, you can significantly increase your chances of a successful outcome.
What to look for in a Portland disability lawyer:
- A firm that handles disability insurance claims exclusively—not as one practice area among many
- Deep understanding of ERISA law and Oregon state laws
- Proven track record of winning against disability insurance companies
- Experience with the local courts and insurance companies in Oregon
A denied disability claim might feel overwhelming, but remember you are not alone. Our experienced team of long-term disability lawyers at Roy Law Group is available to guide you through the entire appeal process. We take on insurance companies every day, and we know what it takes to win.
Working with Roy Law Group has been a pleasure... I was originally denied long-term disability, but through their hard work, the decision was overturned upon the first appeal.- Chantel F.
We have a 98% success rate in Oregon
Since Chris Roy founded Roy Law Group in Portland in 2009, the firm has been dedicated exclusively to fighting wrongfully denied disability claims. We understand the challenges our clients face with a denied disability claim. Insurance companies look for any excuse to deny claims and have entire departments devoted to this effort.
Roy Law Group has 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, we know all the insurance companies’ dirty tricks and how to beat them at their own game.
Appealing a denied disability claim in Oregon
When you appeal a denied long-term disability claim in Oregon, how your case will be handled will depend on whether it is governed by ERISA. Approximately 75% of Roy Law Group’s cases are 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, always changing, and highly favors disability insurance companies.
Employer-sponsored plans offered as an employee benefit are most likely governed by ERISA, such as the benefits plans offered by Portland’s top employers, such as Nike, Adidas, Intel, and U.S. Bank.
If you have an ERISA-governed case in the state of Oregon, the U.S. District Court for the District of Oregon will hear your case.
The District of Oregon has four divisions:
- Portland
- Eugene
- Pendleton
- Medford
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.
For example, ERISA allows insurance companies to include discretionary clauses in their policies. This grants insurers the authority to make their own interpretations of 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 terms in your favor.
Discretionary clauses are just one example. There are many potential conflicts between ERISA and Oregon state law. That’s why it’s so critical to have the support and guidance of a lawyer with a deep understanding of the nuances of both ERISA and Oregon state law.
Our Portland disability insurance lawyers specialize in ERISA law. We can help you to fulfill strict ERISA requirements and avoid potential mistakes so you can get the disability benefits you deserve.
Portland Success Story
Roy Law Group won an abuse-of-discretion case under ERISA, and our client was awarded the benefits she was owed. Read her full story here.
Oregon state disability law
If you have an individual disability insurance policy you purchased directly from an insurance company (not through a group or union), then ERISA does not apply. This means the appeal process for your individual policy follows Oregon state disability law only.
Individual disability insurance cases in Portland are typically heard in the Multnomah County Circuit Court, unless diversity jurisdiction applies. Diversity jurisdiction means the case involves parties from different states, and the claim is over a certain dollar amount. In the case of diversity jurisdiction, Oregon state law will govern the case, but it is almost always heard in federal court.
Further, unlike many other states, like Washington, Oregon does not allow you to sue for bad faith and extra-contractual damages for wrongful denial of disability insurance benefits. In Oregon, you can only 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 insurance company denied your long-term disability claim, now is the time to hire a lawyer specializing in this area of the law.
Disability resources for Oregon residents
You don’t have to fight this alone
With Roy Law Group, you get a dedicated team of experts in long-term disability, ERISA, and Oregon state disability laws. With decades of experience, we’ve seen it all, and we know how to fight smart and win tough claims. Contact us today for your free consultation.
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