Yes and no, depending on the type of policy the claimant has and the state in which the claimant lives. Claimants may have state law rights which allow them to have their legal fees reimbursed by the carrier if they win. Most states, including New Jersey and New York, do not provide for these rights for private disability insurance. However, if you recover punitive damages for a carrier’s “bad faith” your legal fees will most likely be covered.
If your claim is under a group policy covered by ERISA, such as an employer sponsored Long Term (“LTD”) Disability insurance plan, you are entitled to ask the court to reimburse you for legal fees if you are successful in litigating your claim.
The benefits of hiring a disability lawyer are many. Our experienced New Jersey Attorney is accustomed to act quickly and provides aggressive legal help with Social Security Disability claim. Contact Uscher, Quiat, Uscher & Russo, P.C. for a free initial consultation.