Virginia Disability Denial Case Value Calculator

Recovery typically includes all past-due benefits (back pay from denial to judgment), reinstatement of ongoing monthly benefits, interest on overdue payments, and in some cases attorney's fees. ERISA plans limit remedies to the benefit owed; individual policies allow broader recovery including bad faith and punitive damages.

ERISA governs employer-sponsored disability plans and significantly limits your remedies — you can only recover the benefit amount owed, not punitive or extra-contractual damages. Individual disability policies (purchased on your own) are governed by state insurance law and allow much broader recoveries, including bad faith damages.

In Virginia, you have 2 years from the date of the incident to file a lawsuit. Missing this deadline permanently bars your right to recover — act promptly and consult an attorney before the deadline approaches.

Strong cases include: consistent medical evidence from treating physicians, functional capacity evaluations documenting work limitations, records showing prior claim payments (suggesting the denial was arbitrary), evidence the insurer cherry-picked medical opinions, and thorough documentation of economic losses during the denial period.