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Arbitration vs Civil suit

Discussion in 'Finances, Work, and Disability' started by Nielk, Jul 27, 2010.

  1. Nielk

    Nielk

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    Queens, NY
    Has anyone have any experience with their LTD group Insurance claim going to arbitration?

    My disability policy states that following all internal appeals being exhausted I can go to arbitration.

    The Insurance company says that I can bring a civil suit in Federal court.

    Did anyone goo the route of arbitration? If so, how did that work out for you?

    Thank you,

    Nielk
  2. caledonia

    caledonia

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    Cincinnati, OH, USA
    First off, I hope you have a lawyer. I also hope your lawyer wrote the appeal because now that you're out of internal appeals, you can no longer add evidence to your file.

    I believe the LTD will try to low ball you at this time if you go to arbitration. The LTD gave me an offer of $8k at this point. My lawyer said he could get $10 out of them even if I lost the civil suit.

    We ended up suing them in Federal Court. I won and they were ordered to pay. They appealed. It was just about ready to go to court again, where I would have won again, when they decided to do a settlement. After the lawyer got his cut, I ended up with an amount equivalent to a year's salary.

    The whole thing took 4 years.

    I also hope you have already applied for SSDI. It could take up to 2-3 years to get SSDI. You can re-use the same evidence for both claims.
  3. Nielk

    Nielk

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    Queens, NY
    Thank you for your response . Unfortunately, I do not have a lawyer.
    I do collect SSDI . Have been for the past 5 years.
    My LTD Ins. Co. was also paying me for five years and abruptly stopped.

    I made the mistake of appealing on my own and of course was denied.

    Now, I have a very hard time finding a lawyer willing to take my case.
  4. markmc20001

    markmc20001 Guest

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    I don't know if I would go to arbitration. I just feel the whole system can't be trusted. But just my hunch. I can't imagine getting anything out of them without some sort of leverage.

    Ya the insurance companies are worse than the banksters, or the oil companies.

    The lawyers are pretty busy. Steve Krafchik washington, and Jason newfiled in new york are popular ones. I really think steve can kick butt. There is a guy by the name of Charles perkins in Los gatos california I spoke to that I felt was competant and in it to win it, and not so well known.

    A good lawyer can open back up the claim file and add info if you have lost the appeal already. (I have been told)

    below is a link for "good lawyers" from website. Many pf these are often in it to settle. I would try and find one in it to win it!
    http://www.cfids-me.org/disinissues/lawyers.html

    good luck.

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