If you have long-term disability insurance coverage through your employer, then your claim is likely governed by the Employee Retirement Income Security Act of 1974 (ERISA). When a disability claim is denied, you have a right to appeal that decision. ERISA places deadlines on both the insurance company and the disabled person fighting for their benefits.
ERISA Timelines
Under ERISA, and some disability insurance policies, an appeal must be filed within 180 days of the date of the termination or denial of benefits. Failing to file your claim on time could prevent you from pursuing the benefits entirely. Under ERISA, the insurance company also has deadlines it must follow. For example, the insurance company has an initial 45 days to make a decision. If special circumstances exist, the insurance company may take a 45-day extension. This extension must be requested in writing and state the specific reasons for the delay in the decision.
Often times, the insurance company will one of the following when reviewing a disability appeal:
- Medical examinations by the insurance company’s hired doctor;
- Paper-based review by the insurance company’s hired doctor; and
- Vocational review by the insurance company’s hired consultant.
Insurance companies use delay tactics when reviewing appeals, putting disability claimants under further financial distress. If your long-term disability benefits have been denied or terminated, our attorneys can help. We hold the insurance companies to the deadlines mandated under ERISA and file suit when they fail and refuse to comply with the law.
Lawyers with Expertise in Disability Insurance Claims
This law firm has always focused only on disability insurance law.
Because we specialize in long term disability, our clients get the benefit of:
- Having an attorney who is an expert in long term disability claims;
- Having an attorney who has experience with every major disability insurance company;
- Being backed by a law firm that has a proven track record of winning tough disability lawsuits.
Call Dabdoub Law Firm to get experienced disability lawyers on your side.
We can help with:
- Submitting a disability insurance claim;
- Appealing a long-term disability denial;
- Negotiating a lump-sum settlement; or
- Filing a lawsuit against your disability insurance company.
The firm represents clients nationwide with disability claims governed by federal law, even if we are not located in your state.
Call Dabdoub Law Firm today at (800) 969-0488 to speak with an experienced disability attorney. Pay no fees or costs unless you get paid.
