VIDEO: How Long Can A Long Term Disability Insurance Company Wait To Decide A Claim?
Watch this video as ERISA | Disability Attorney John V. Tucker describes how long Disability Insurance companies have to decide your disability claim.
If you are filing for long term disability, you may be wondering how long the insurance company can take to decide your claim. It is months later, and you’re still waiting. What can you do?
The first question to ask: How did you get your disability insurance. Is it through an employer’s group disability insurance plan, or through a private disability policy? If your insurance is through a private plan, then it will depend on the laws of your state. Some states allow up to 45 days, while others don’t mandate the time at all.
Most people get their disability insurance through their employer. If you have an employer’s group disability coverage, it usually will be covered by a federal law called ERISA. ERISA stands for Employee Retirement Income Security Act. It is a law that has been around for over 40 years, and it has regulations that specify how long the insurance company can take. ERISA cases allow 45 days, but also allow for two 30 day extensions. With the two 30 day extensions allowed, the disability insurer can take up to 105 days to process your claim. There is also a loophole for the insurance companies. Whenever the ask you to send them information, the clock stops, and it doesn’t restart again until they receive your response to their request.
If your insurance company ask you to send them information, do it as soon as possible to restart the clock. Finally, a last note on ERISA cases is that if the insurance company misses their deadline, filing a lawsuit against them gives you an advantage.
Watch the video to learn more.
If you believe a disability insurance company has taken too long to decide your claim, call us toll free nationwide at (866) 282-5260 to speak to one of our experienced ERISA|Disability Insurance Attorneys.