Long term disabilities have the potential to impact a person’s life. This includes physically and financially. Sometimes, a disability may leave someone unable to go back to work for a period of time, or even indefinitely. When a person becomes overwhelmed with medical bills and does not have an income to pay them, this can become a stressful situation. It is because of this that long term disability is available.
When a person wants to receive long term disability benefits, they must file a claim. However, there are some cases in which a claim may be denied. When a claim is denied, the individual may be unsure of what to do next when they are desperately in need of assistance. When this happens, it is important to know that they can appeal this denial.
ERISA Appeals Process
The Employee Retirement Income Security Act is the governing law for long term disability insurance claims. When an insurance company denies a long term disability claim and the individual wants to appeal it, they should enlist an experienced attorney to assist with this process. When a claim is denied, the individual has 180 days to file an appeal. This is why it should be done as soon as possible.
Part of the process of appealing a long term disability claim is writing an appeal letter. A common mistake that people make when appealing this denial is writing their own appeal letter. This is why it is crucial to have an attorney at their side to write the letter for them. This can be done by the attorney working with the individual’s doctors to gather any necessary information to build a successful case to appeal the denial.
Sometimes, even an appeal for a long term disability claim can be denied. When this happens, the individual can find themselves in an even more disappointing situation. If a person receives a second denial, it is important to know that there are still options to pursue. In the even of this, the individual may be able to bring a lawsuit against the insurance company. Often times, ERISA law requires people to appeal their claim at least once before bringing a lawsuit. When a lawsuit is brought against an insurance company, it takes place in federal court with a judge to make the decision without a jury.
Contact our Firm
Our firm has significant experience helping people just like you retain or defend their Long Term Disability Benefits. Contact Walker & Hern for a free consultation.