Following a Long Term Disability claim denial, you should take a moment to understand your policy because that will determine how to file an appeal.
If you own an individual policy then state law will determine your next steps. Additionally, some states allow for you to make a bad faith claim to recover more than just the disability payments you are owed. If your policy is through your employer, the Employee Retirement Income Security Act (ERISA) determines your next steps. If ERISA applies to your situation, you have a mandatory appeal that you must send back to the insurance company within six months (180 days).
In any disability insurance appeal, you need to document and include everything you would want in the appeal in writing. There will not be a hearing in front of a judge. If you have received a denial, you should hire an attorney to assist you with filing a lawsuit or with preparing your ERISA appeal. If you don’t hire an attorney, you may not properly appeal your case and may lose your rights.
If you have additional questions regarding filing lawsuits or bad faith claims for your individual policy or handling your ERISA appeal, I want you to call me at (866) 282-5260. We offer free consultations. I welcome your call.