• Menu
  • Skip to right header navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Before Header

Has your disability claim been wrongfully denied or terminated? Call us today for help!  (888) 321-8131

  • Facebook
  • LinkedIn
  • YouTube

OLF Ortiz Law Firm National Disability Attorneys

Ortiz Law Firm is dedicated to helping people recover the disability benefits they deserve. We handle group Long Term Disability (LTD) claims, individual disability insurance policy claims, ERISA disability claims, and Social Security Disability claims.

  • ABOUT US
    • Nick Ortiz
    • Our Team
    • Case Results
    • Testimonials
  • PRACTICE AREAS
    • Long Term Disability
      • Long Term Disability Appeals
      • Long Term Disability Lawsuits
      • Lump Sum Buyouts/Settlements
    • ERISA Disability Claims
    • Individual Disability Insurance
    • Social Security Disability Claims
      • Initial Applications for Social Security Disability
      • Request for Reconsideration
      • Hearing Before an Administrative Law Judge
    • Long Term Care Insurance Claims
    • Personal Injury Claims
  • DISABLING CONDITIONS
    • Long Term Disability
    • Social Security Disability
  • INSURANCE CARRIERS
    • View All
    • Insurance Company Tricks And Tactics
  • RESOURCES
    • Blog
    • eBooks, Guides, and More
    • Lump Sum Disability Buyout Calculator
    • Long Term Disability FAQs
    • Social Security Disability FAQs
    • Long Term Disability Glossary
    • Individual Disability Insurance Policy Analysis
    • Long Term Disability Federal Court Case Summaries
    • Abbreviations in Social Security Disability Claims
  • Search
  • CONTACT

Mobile Menu

Call us today for help!

(888) 321-8131
  • ABOUT US
    • Nick Ortiz
    • Our Team
    • Case Results
    • Testimonials
  • PRACTICE AREAS
    • Long Term Disability
      • Long Term Disability Appeals
      • Long Term Disability Lawsuits
      • Lump Sum Buyouts/Settlements
    • ERISA Disability Claims
    • Individual Disability Insurance
    • Social Security Disability Claims
      • Initial Applications for Social Security Disability
      • Request for Reconsideration
      • Hearing Before an Administrative Law Judge
    • Long Term Care Insurance Claims
    • Personal Injury Claims
  • DISABLING CONDITIONS
    • Long Term Disability
    • Social Security Disability
  • INSURANCE CARRIERS
    • View All
    • Insurance Company Tricks And Tactics
  • RESOURCES
    • Blog
    • eBooks, Guides, and More
    • Lump Sum Disability Buyout Calculator
    • Long Term Disability FAQs
    • Social Security Disability FAQs
    • Long Term Disability Glossary
    • Individual Disability Insurance Policy Analysis
    • Long Term Disability Federal Court Case Summaries
    • Abbreviations in Social Security Disability Claims
  • Search
  • CONTACT
You are here: Home / Long Term Disability / Additional Parts Of A Claim That Do Not Happen in Every Case / US Circuit Courts of Appeals

US Circuit Courts of Appeals

July 14, 2020 //  by Ortiz Law Firm//  Leave a Comment

Some long-term disability claims go to the US Circuit Courts of Appeals. The United States Courts of Appeals (or circuit courts) are the intermediate appellate courts of the United States federal court system. That means they are the level between federal district courts and the Supreme Court of the United States. A court of appeals decides appeals from the district courts within the states in its federal judicial circuit.

The United States Courts of Appeals are considered among the most powerful and influential courts in the country. These courts have the ability to set legal precedent in regions that cover millions of American citizens. U.S. courts of appeals have a strong policy influence on U.S. law.

Because the U.S. Supreme Court only reviews less than 1% of the more than 10,000 cases filed with it each year, the United States courts of appeals serve as the final level of review in most federal cases. The Ninth Circuit is especially influential, covering approximately 20% of the American population.

There are thirteen United States courts of appeals in all, including:

  1. First Circuit Court of Appeals (Boston)
  2. Second Circuit Court of Appeals (New York City)
  3. Third Circuit Court of Appeals (Philadelphia)
  4. Fourth Circuit Court of Appeals (Richmond)
  5. Fifth Circuit Court of Appeals (New Orleans)
  6. Sixth Circuit Court of Appeals (Cincinnati)
  7. Seventh Circuit Court of Appeals (Chicago)
  8. Eighth Circuit Court of Appeals (St. Louis)
  9. Ninth Circuit Court of Appeals (San Francisco)
  10. Tenth Circuit Court of Appeals (Denver)
  11. Eleventh Circuit Court of Appeals (Atlanta)
  12. District of Columbia Circuit Court of Appeals (Washington)
  13. Federal Circuit Court of Appeals (Washington)

ERISA Disability Claims and the Courts of Appeals

ERISA is a federal act of law that is supposed to be a uniform body of law across the nation. Unfortunately, however, ERISA laws have not been interpreted by courts in a uniform fashion nationwide.

Statutory interpretation is the process by which courts interpret and apply legislation such as ERISA. (The terms statute, law and legislation all mean the same thing and are used interchangeably here). When a case involves law or statute, some amount of interpretation, or “reading between the lines”, is often necessary. That’s because the words of a statute sometimes have a plain and straightforward meaning. But in many other cases, there is an ambiguity (or vagueness) in the words of the statute that must be resolved by the court. To determine the meanings of statutes, courts utilize a variety of tools and methods of statutory interpretation, which may include a review of legislative history and purpose.

For our purposes here, ERISA statutes have not changed very much since the law was enacted in 1974. However, courts around the country have interpreted and applied that law differently in each jurisdiction. We all know that Supreme Court decisions on ERISA law are binding everywhere. However, each court of appeals’ decisions in ERISA cases are controlling only within the jurisdiction of that circuit. In numerous areas of ERISA law, the circuit courts have adopted different legal standards. Some circuits have a more favorable statutory interpretation for claimants, and others have a more favorable statutory interpretation for insurance companies.

To make matters even more complicated, the law is not the only issue that determines the outcome in litigation. Insurance companies may pay more for certain claims based on where you live. For example, cases in urban and coastal areas may pay higher settlement values than the same claim would have realized in the Midwest (say in Omaha, Kansas City, or Indianapolis).

In the case summary section of this website, we will be highlighting court cases considering ERISA disability claims. I believe you will draw one major conclusion as you read ERISA disability court decisions – ERISA law heavily favors insurance companies and plans.

We must work within the legal framework of each circuit. Depending on the specific factual and legal issues in your individual claim, some circuits may offer more favorable statutory interpretation than others. That does not mean that one circuit is completely better than others, but that one circuit would have been better with respect to the facts and legal issues in your case.

The differences in statutory interpretation from circuit to circuit could be extremely important in your case. By now you may be wondering where you can file a lawsuit. There are three proper “venues” for filing an ERISA disability lawsuit: (1) the location where you live; (2) the location where your plan is administered (your employer is usually the officially designated plan administrator and the employer’s principal place of business is where the plan is administered); and 3) where some other defendant has its principal place in business (in most circuits the proper defendant in an ERISA disability benefits claim is the insurance company which issued the Long Term Disability policy). The best venue to file an ERISA Long Term Disability benefits claim is usually in the district court where you live. This may provide you with a subtle and unspoken “home field advantage”; the court may want to protect its resident over an outsider long term disability insurance company. In certain circumstances, however, you may be better off suing where your employer’s plan is administered – say in Nevada or California rather than in Louisiana (or wherever you live) because Ninth Circuit law (the law that controls in Nevada and California) may be more favorable to your case than Fifth Circuit law (which controls Louisiana).

The foregoing circuit summaries are generalities and are not intended to be comprehensive summaries of the law. These are basic observations about certain important features of ERISA law and practice in the various circuits. If you really want to understand where your case should be brought in the event of you need to sue your long term disability insurance company, consult an experienced ERISA attorney like Nick A. Ortiz.

Although based in Florida, the Ortiz Law Firm represents claimants across the United States. If you’d like to speak to an experienced Long Term Disability Insurance Attorney about your denied claim, contact us at (866) 853-4512 to schedule a consultation.

FacebookTweetPinLinkedInPrintEmail

Category: Additional Parts Of A Claim That Do Not Happen in Every Case, Long Term Disability

Recent Posts

  • How to Win a Long Term Disability Appeal: Do’s and Don’ts
  • 3 Steps You Must Take Right Now If Your LTD Benefits Are Terminated!
  • Leveraging the Grid Rules to Secure SSDI Benefits After Age 50
  • What Is an On-The-Record Decision in a Social Security Disability Claim?
  • Understanding the Difference Between Diagnosis and Functional Impairment in Long Term Disability Claims
Previous Post: « Types of Surveillance in Long Term Disability Claims
Next Post: Can I Be Fired While I Am Out of Work For Disability? »

Reader Interactions

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Primary Sidebar

Top Ten Mistakes That Will Destroy Your Long Term Disability Claim

Get Free Resources

"Completely happy with results. I wasn't getting any traction on my own, and the Ortiz Law Firm took over, had it filed and approved within 5 months."

Tim A.

View All Testimonials

Practice Areas

  • Group Long Term Disability
  • ERISA Disability Claims
  • Individual Disability Insurance
  • Social Security Disability Claims
  • Long Term Care Insurance
  • Florida Personal Injury

Footer

Contact Us

Our experienced disability law firm is ready to fight for you. Contact us today for a free case evaluation.

(888) 321-8131
316 S Baylen St., Ste 590
Pensacola, FL 32502

  • Email
  • Facebook
  • LinkedIn
  • YouTube

Claims We Handle

  • Group Long Term Disability
  • ERISA Disability Claims
  • Individual Disability Insurance
  • Social Security Disability Claims
  • Long Term Care Insurance
  • Florida Personal Injury

Quick Links

  • About Us
  • Free Resources
  • Client Testimonials
  • Case Results
  • Nationwide Representation
  • Refer a Case

Site Footer

© 2023 Ortiz Law Firm

Sitemap | Disclaimer | Privacy Policy

Share this ArticleLike this article? Email it to a friend!

Email sent!