When you suffer a long term disability, you need money to help pay for your medical expenses and long term care. Many individuals have long term disability insurance through work. When you suffer a disability, you can collect benefits through this policy. Unfortunately, many individuals have their disability benefits denied. When this occurs, you may wonder if you can file a lawsuit to obtain benefits. Can you immediately sue after a long term disability Insurance application denial?
The answer is generally no. If you purchased your long term disability Insurance policy through work, federal regulations govern your employer’s disability benefit plan. The law known as ERISA – the Employee Retirement Income Security Act – requires you to file an internal appeal with the insurance company before filing a lawsuit. This is called exhausting your appeals, and if you do not do it before filing a lawsuit, your lawsuit will be dismissed.
ERISA and Your Long Term Disability Insurance Application Denial
When your long term disability insurance claim is denied, it is important to speak with an ERISA lawyer immediately. We want to help you understand your policy exactly. Some long term disability policies have a narrow definition of disability, strict policy limitations, or even conditions which are excluded from being the basis for disability. Understanding the language of your policy is important when determining why you received a long term disability insurance application denial.
Your lawyer can help you file an appeal and win the benefits you need. The administrative appeal is a necessary step under ERISA law. You have 180 days to file this appeal directly with the insurance company, and if you do not file an appeal, can lose your right to file a claim forever.
There are many technical rules that apply to ERISA appeals. Because of this, it is important to have an ERISA long term disability lawyer on your side from the start. This appeal is critical to the success of your case. It is the only opportunity you have to submit new key evidence for your claim. This may include:
- Expert medical reports or recorded statements (testimony)
- Medical documentation of your limitations and restrictions
- Objective medical testing results
- Witness statements
- Vocational expert reports
- Job description evidence
Before you can file a lawsuit, you must exhaust the appeals process. A key point to understand is that the appeal process is your final change to get evidence into your case. If your appeal is denied and you have to file a lawsuit, the only evidence considered by the court will be the evidence submitted during the initial claim and appeal.
As such, it is important to take the administrative appeal step very seriously. Your ERISA attorney will want to load the record with medical and vocational evidence to help you win your claim.
Failure to provide evidence during the administrative appeal can hurt your chances of winning a lawsuit in the future. Protect your future by calling a skilled ERISA long term disability lawyer today. We can answer all of your ERISA questions.
Contact an ERISA Long Term Disability Lawyer Today
If you have questions about ERISA or going through the appeals process, we can help. An ERISA long term disability lawyer at the Tucker Law Group can help you obtain the benefits you need after a disability. Even if you received a long term disability claim denial, we can assist you in filing your appeal and winning your case.
Call us today at (866) 233-5044 to schedule a free consultation to discuss your situation. We represent clients all over the United States to get the benefits they need and deserve.