Long-term disability insurance offers a sense of security, and the knowledge that you’ve protected your family’s financial security if you become unable to work due to illness or injury. You should be able to count on that, but insurance companies don’t always play fair. When your disability insurance benefits are denied, it can be jarring, and you may be uncertain where to turn for help.
If the disability insurance is provided by your employer, your claim will probably be governed by a federal law called the Employee Retirement Income Security Act of 1974 (ERISA). ERISA creates certain obligations for plan administrators, including:
- How you must be provided with information about filing a claim
- A time limit for making a determination on the claim (typically 45 days, but that may be extended in certain circumstances)
- What information must be provided to you if your claim is denied
- An opportunity to appeal, with at least 180 days to do so
- A requirement that someone different review your claim on appeal, and ignore the original determination
- A deadline for a determination on the appeal (typically 45 days, but may be extended in certain circumstances)
In most cases, the disability applicant must complete this process before filing a lawsuit under the ERISA statute to collect benefits. However, sometimes when the ERISA administrator isn’t following the correct procedures for ERISA claims, it is possible to pursue your claim in court sooner. The best source of information about the procedures and your options is a disability insurance attorney that is highly experienced and knowledgeable about ERISA disability insurance litigation.
Cremeens Law Group PLLC Fights for Your Disability Benefits
The ERISA disability lawyer at Cremeens Law Group PLLC has extensive experience with ERISA disability cases in Tampa and throughout the state of Florida. Disability appeals and litigation are all we do, so we thoroughly understand both the legal issues you face and how stressful and confusing the process can be. We never forget that every client is a unique individual in a difficult situation. We will put the full force of our knowledge and experience to work for you, and we’ll work to ensure that you have the information you need to feel confident and in control of your claim.
The best way to find the right ERISA attorney for you is to talk to the lawyer, ask questions, and ensure that you are comfortable interacting with them and trust in their knowledge and experience. We offer free consultations to help you make the best decision for you and your family. You can schedule yours right now by calling 813-839-2000 (813-839-2000) or filling out our contact form.
If you live anywhere within the state of Florida and have a denial letter from a disability insurance company, please give us a call to see if we can help you.
What to Expect from an ERISA Disability Appeal
Disability claims may be denied for a variety of reasons. For example, the carrier may determine that you aren’t disabled because they didn’t receive sufficient medical documentation, or because the insurer’s independent examiner comes to a different conclusion. Or, the insurer may argue that your disability is caused in whole or part due to a pre-existing condition. The best approach to appealing your denial will depend on the reason for your denial.
If you sign with us after your initial denial, we’ll review your plan documents, your denial letter, your medical records and other information. Then, we’ll work with you to gather any other evidence that will be helpful in appealing your claim. In some cases, this will include further medical evaluation. Since the appeal must generally be filed within 180 days, you should contact us as soon as possible after receiving your denial letter.
Often, a well-constructed appeal is all that’s required to secure your disability benefits. Many people miss out on this opportunity because they don’t understand what type of additional information is required to change the result, or how to present it most effectively. An experienced ERISA disability attorney who knows the answers to those questions can be your best resource. Remember, the general rule is that all evidence for an ERISA case closes after the insurer provides a final decision on appeal. This is why calling the ERISA disability insurance attorney while you still have the right to appeal is generally better than calling after your appeal is denied.
ERISA Disability Litigation
If the appeal is unsuccessful, or if the administrator and/or insurance carrier are not complying with the procedures and timelines mandated by the regulations governing ERISA, the next step is a lawsuit for disability insurance benefits pursuant to the ERISA statute. An ERISA disability lawsuit is more complicated than an appeal, and requires extensive knowledge of both substantive law and procedural requirements. If your appeal has been denied, you should contact an ERISA attorney right away.
FAQs About ERISA Disability Claims
There’s no substitute for personalized advice from a qualified attorney. The general information below will give you an idea of what to expect, and may be helpful in planning your next steps.