When people are suffering from a serious injury or illness which prevents them from working at their current occupation (or any other occupation), they could be eligible to pursue benefits for long-term disability. In many instances, however, these applications for long-term disability benefits are denied the first time around. Sometimes, they are even denied again.
Fortunately, however, you may be eligible to start an administrative appeal of your disability claim denial. While some denials can be appealed only once, others can be appealed two times. Once you have exhausted your administrative appeals, you might also be eligible to file a lawsuit directly against the insurance company.
Although being denied long-term disability benefits is not uncommon, it is a hassle. Lawyer J. Price McNamara of the Law Offices of J. Price McNamara can assist you with exploring all of your legal options and help you determine which option would best serve your case. Please contact us online to discuss your legal options today.
The number of times you are eligible to appeal a long-term disability benefits denial is usually set forth in your insurance policy. All disability insurance policies provide for at least one appeal. In some instances, however, you might be eligible to appeal a long-term disability denial twice. Although many appeals are denied by the insurance company on the first go-around, it is not uncommon for individuals to be successful on appeal and to ultimately receive the disability benefits which they deserve.
In some instances, a person’s long-term disability benefits policy is provided by his or her employer and falls within ERISA. Pursuant to that federal law, and prior to filing a lawsuit against your insurance company in the federal court system, it is necessary that you first exhaust any and all administrative appeal options. Even in cases where a person holds an individual long-term disability policy (as opposed to carrying the insurance through an employer), it is still a good idea to exhaust all administrative remedies prior to pursuing litigation.
One of the primary keys to understanding a long-term disability denial is to read and understand the insurance company’s denial letter. In the letter, it should state why the long-term disability claim was not granted. It will also set out the steps you need to follow in order to appeal that denial – as well as the time deadlines for doing so. Lawyer J. Price McNamara of the Law Offices of J. Price McNamara can help you understand the reasons for your denial and could help you file an appeal in pursuit of the disability benefits you need.
To schedule a free legal consultation and case evaluation with an experienced El Paso long-term disability denial lawyer, contact us online today to discuss your legal options and the best option for your case.
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