Nationwide LTD Appeals Law Firm
After becoming disabled by an injury or an illness, you may feel the financial ramifications of not being able to return to work catching up with you. Of course, this can be stressful for anyone, especially for those who are adjusting to life after becoming disabled. Long term disability insurance can help mitigate some of the financial burdens you are facing. Unfortunately, many people are facing claim denials and must go through the appeals process. If your claim has been denied, you can count on Walker & Hern to guide you through each step of appealing your denial. Contact Walker & Hern today to discuss your case.
ERISA Appeals Process
The Employee Retirement Income Security Act, which is also referred to as ERISA, is the governing law over long term disability insurance claims. If your insurance company denied your long term disability claim, you may wish to file an administrative appeal. It is very important that you hire an attorney immediately after your claim for long term disability benefits is denied. At that point, you will have 180 days to file an appeal. Don’t be fooled by the letter you receive from the insurance company saying that you can “request a review” of their decision and include additional information that might be helpful to your claim. This “review” is not an informal process. Rather, it’s a formal administrative appeal required by federal law. That federal law is stacked against you. In fact, instead of establishing a government board to consider your formal administrative appeal, federal law places the appeal right back into the hands of the insurance company to decide whether or not they correctly denied your claim for long term disability benefits. Once you file your formal administrative appeal with the insurance company, the administrative record is locked. This means that no other information can be added to prove your case in court. The administrative record will serve as the sole evidentiary basis for a judge to decide whether or not the insurance company should have paid your benefits.
One of the biggest mistakes that many people make when they wish to appeal their denial is that they write their own appeal letter. It is critical that you hire an attorney who can write your appeal letter, as they can work with your doctors, gather all necessary information, and help you build a case to have a successful appeal.
If you go through the appeals process and your request for benefits is denied once again, it may be time to consider bringing a lawsuit against the insurance company. Many times, you must appeal your claim at least once before ERISA law allows you to bring a lawsuit. This lawsuit will take place in federal court and one judge will make a decision without the help of a jury. Therefore, it is critical that you retain legal services from a quality attorney.
Contact a Long Term Disability Appeals Attorney
If you have been disabled and your long term disability claim has been denied, it is critical that you reach out to an effective legal team as soon as possible. Equipped with significant legal and medical knowledge, the attorneys at Walker & Hern have helped clients across the United States after their long term disability insurance claims have been denied. We understand the financial battles you may be facing after becoming disabled and unable to work. Our firm is committed to fighting on your behalf to help you get the benefits you are entitled to under your insurance policy. Contact Walker & Hern today to find out more about how we can help you stand up to insurance companies.