Long Term Disability Appeals Attorney
As soon as your receive notice that you have been denied long term disability (LTD) benefits, you need to start working on your appeal. That means talking to an experienced disability appeal attorney right away, so we can start gathering evidence and preparing to get your initial appeal filed within deadline. Once you file your appeal, you can be approved in as little as 45 days, or the entire process can take more than two years.
When You Receive Your Denial Letter
Under ERISA, you only have 180 days to appeal your LTD denial. This is an appeal to the insurance company. As soon as you are denied, you should contact an experienced LTD appeals attorney, so that you do no miss this or any other important deadlines and to ensure that your appeal is prepared and filed properly with all of the evidence that can support your claim.
Response to Your First Appeal
The insurance company has 45 days from the day it receives your appeal to respond. It can approve or deny your claim, or notify you that it will need another 45 days to make a decision.
In any case, the insurance company must make a decision within 90 days.
If the insurance company fails to meet either of these deadlines, we can file a lawsuit immediately.
If the insurance company denies your first appeal, you may have to make more internal appeals before you can file a lawsuit. ERISA requires you to exhaust the administrative remedies offer by your plan, and they vary from plan to plan.
Filing Suit under ERISA
Once you have exhausted the internal appeals, you have the right to file a lawsuit under ERISA. The amount of time you have to file may be stated in your insurance policy. If not, it will depend on the laws in your state. You may have anywhere from six months to several years to file your lawsuit.
An ERISA suit is really just a review by the court. All of the evidence must go into your file during the internal appeals process, which is one of the many reasons why it is so important to talk to an experienced LTD appeals attorney before filing your first appeal.
If you or someone you love has been denied long term disability benefits, please call long term disability appeals attorney Fred J Fleming toll free at 1-800-882-5500 or contact us online right away to schedule your free consultation.