ERISA long-term disability insurance claims are denied for many different reasons. However, this does not mean the insurance company is right. If your ERISA claim has been denied, you have the right to appeal the insurance company’s decision. But, you should move quickly. ERISA plans only allow you 180 days to file a denied claim appeal. Below, our ERISA attorneys explain the ERISA appeals process.
ERISA Appeals Process
If your ERISA long-term disability claim is denied, you must file an internal appeal with your insurance company before you challenge the decision in court. Generally, you have 180 days to file an appeal. It is critical that you make this deadline. If you miss your deadline, you may lose your chance to recover benefits.
Your insurance company must provide you with an electronic or written letter of denial. This letter should provide you with information about why your claim was denied based on your plan and evidence submitted. You may also request any relevant information from your insurance company about your claim.
Before you begin the ERISA appeals process, you should consult with an experienced ERISA lawyer. Your attorney can help you:
- Review and understand your insurance company’s denial of your claim
- Gather any necessary and/or additional evidence for your appeal
- Ensure that you do not miss important filing deadlines
- File a comprehensive appeal on your behalf
After you file the appeal, you cannot submit any new evidence if your case goes to federal court. If your case goes to court, there will not be a jury. A judge will review your initial claim and your appeal before making a decision about your benefits. Because of this, it is critical that your appeal is robust and contains as much evidence as possible.
Keep in mind that some plans require two appeals with your insurance company before you can file a lawsuit. Once you exhaust the appeals process, and if your claim remains denied, then you may bring an ERISA lawsuit to seek your long-term disability insurance benefits.
How Our San Francisco ERISA Lawyers Help Our Clients
Our San Francisco ERISA attorneys are dedicated to helping our clients obtain the benefits that they need and deserve. We provide a full range of services surrounding ERISA claims, including:
- Applying for benefits
- Appealing claim denials
- Appealing benefits termination
We handle ERISA cases on a contingency fee basis. This means that you do not pay any legal fees until we are successful on your behalf.
Contact Our Experienced Lawyers About Your Denied ERISA Claim
If your ERISA long-term disability claim has been denied, we encourage you to reach out to our lawyers. We have extensive experience helping Californians appeal ERISA claim denials. We can answer any ERISA-related legal questions you may have and determine how we may be able to help you. Schedule a free consultation with us to discuss your situation by calling us at F:P:Sub:Phone} or filling out our online contact form.