Appealing Your Long Term Disability Claim Denial
John V. Tucker and his team of Disability Insurance Attorneys Help People Like You Appeal Their Claims Across the Nation.
When your disability insurance benefits are denied or terminated by the disability insurance company, you may need to file an appeal before you can file a lawsuit. John Tucker and his disability insurance attorneys have decades of experience handling Individual Disability Insurance and Group Long Term Disability Insurance appeals. When your benefits are on the line, you need the right team of professionals on your side. Before you file an appeal on your own, speak to Disability Insurance Attorney John V. Tucker.
Do I need to appeal my disability insurance denial?
The answer to this question depends on two things. First, how did you buy your disability insurance coverage? Second, what does your disability policy language say?
If you bought your Long Term Disability Insurance policy through work, in nearly every case, you must file an appeal with the LTD insurance company before you file a lawsuit. Most group disability policies are bought through an employer and are covered by a federal law called ERISA (the Employee Retirement Income Security Act). ERISA regulations require a mandatory pre-suit appeal when disability claims are denied or terminated. If you do not appeal the claim within 180 days, you lose the right to the claim forever. Because of technical rules that apply to an ERISA disability appeal, having an experienced ERISA attorney is crucial to winning your claim. John V. Tucker and his team of ERISA disability attorneys has handled thousands of Long Term Disability Insurance appeals.
Even when you do not buy group disability insurance, your policy may require an appeal. The language of your policy controls this situation. Some older individual disability insurance policies did not require any type of appeal. However, about 15 years ago, many disability insurance companies started including policy language requiring an appeal. If that language is present in your disability insurance policy, you must follow it. Our team of Individual Disability Insurance and Bad Faith attorneys have decades of experience fighting disability insurance companies.
How Long Do I Have to File My Appeal?
In group disability insurance cases, you have no more than 180 days to file your disability claim appeal. In individual disability policy cases, this time may be as short as 60 days.
How Can a Disability Insurance Attorney Help Me With My Appeal?
Although it is not required, it is definitely recommended that you have experienced disability counsel. If you have a group disability claim covered by ERISA, there are technical regulations that apply to your claim, some of which can help you if you use them right. More importantly, in ERISA long term disability claims, you must submit all of the evidence you ever want in the case during your appeal. That means you must provide witness evidence, provide documentation of your limitations and restrictions, obtain testing, and provide proper reports from necessary experts before you submit your appeal. Having a team of experienced Long Term Disability Insurance attorneys on your side to help you develop evidence to win your claim is crucial. In Individual Disability Insurance cases, developing that type of evidence may be key to preparing a bad faith case against the disability insurer too.
The disability insurance company knows the law, shouldn’t you? Before you file your own appeal, call Disability and ERISA Attorney John V. Tucker for a free consultation at (866) 282-5260.