A lot can still happen in your case after you have appealed. You should continue to follow up with the insurance company and provide any new evidence that you have.
The following is a list of things you should be aware of while you wait for your appeal’s review:
- Continue to see doctors
- Surveillance may be conducted
- Pay attention to timeline and deadlines
- First and foremost, now that you have submitted your appeal, it’s extremely important that you continue to see your doctors. Doing so allows you to continue to provide your insurance company with up-to-date medical evidence of your disability.
- The insurance company may conduct surveillance while reviewing your appeal. The appeal stage is where our firm sees the insurance company conduct surveillance most frequently.
For example, the investigator may surveil you while in the grocery store looking to see if you are capable of moving in a way that appears contrary to your reported restrictions and limitations.
The insurance company then uses this information, sometimes captured in the form of photographs or video, to argue that you are not in fact disabled, and you are capable of working. If you are capable of working, the insurance company does not need to pay you your disability benefits.
- Pay attention to the timeline and deadlines.
- In cases governed by ERISA, once you have appealed, the insurance company has 45 days to respond, unless they take an extension.
- Under ERISA, the insurance company may ask for one 45-day extension due to a special circumstance. It must be an actual special circumstance.
- Therefore, after at most 90-days, the insurance company must render a decision.
- If the insurance company fails to decide within the time required, your claim is “deemed exhausted” and our firm may help you file a lawsuit in federal court.
Get Help from a Lawyer with Expertise in Disability Insurance
Disability insurance law is complex. Hiring an experienced disability attorney is important. Because all disability lawyers at this law firm focus on disability insurance claims, we have expertise in disability insurance law.
That means have:
- Experience with every major disability insurance company;
- A proven track record of success by winning major disability lawsuits;
- Recovered millions of dollars in disability benefits for clients;
And, we never charge fees or costs unless our clients get paid.
The firm can help at any stage of your disability insurance claim, including:
- Submitting a disability insurance claim,
- Appealing a long-term disability denial,
- Negotiating a lump-sum settlement, and
- Filing a lawsuit against your disability insurance company.
Because federal law applies to most disability insurance claims, our lawyers are able to represent clients across the country.
Call us at (800) 969-0488 or send us a message online to speak with an experienced disability attorney. Consultations are free.
