Often, long term disability insurance companies will try to use ERISA as a way to limit the options you have for filing disability claims. If you receive a denial of a claim or termination, you need to file an appeal, but that is not an easy task, especially if you do not know exactly what you are fighting. That is why most people will seek the assistance of an experienced ERISA claims attorney. The attorneys at the Law Offices of J. Price McNamara have a variety of resources to help you appeal your claim denial.
The rules for appealing an ERISA denial are strict and have specific time limitations. During the appeal process, claimants are required to present factual, legal, medical, and vocational evidence that shows why and how they are disabled and how that makes them entitled to benefits under their plan. They must also who why the determination of the insurance company was unfair and improper.
Your disability plan will specify whether you can file one or two appeals. Many will only allow one appeal before they close the administrative record. The information that you file with your appeal is what becomes the administrative record, and only this information is allowed if the lawsuit goes to trial. ERISA does not allow jury trials, so the lawsuit will be heard and decided by only a judge.
Our attorneys will work closely with you and your physicians to ensure that we develop an appeal that is full of strong articulation and detail, which will help prove the severity and degree of your impairment as well as the impact it has had on your life and ability to work. We will focus on why and how you are no longer able to work or perform the duties of the occupation you once had or any others.
It will feel like the appeals process is stacked against you, and that is a fairly accurate assumption. The courts almost have a rubber stamp approach to reviewing ERISA disability lawsuits and seem to prefer to deny or terminate claims. The appeal is your one chance to create a record for the court that will hopefully demonstrate to them the wrongful actions of the insurance company.
Attorneys who do not practice this specific area of law are likely to not be familiar with ERISA restrictions and regulations. The ERISA appeals process is a big part of our practice, and we continue to adjust our practice to meet the ever-changing insurance industry.
Because of our experience, we can provide you with the legal representation that you need if you are facing filing an initial ERISA claim for disability, or an appeal after being denied benefits by your long term disability insurance company. Let the attorneys at the Law Offices of J. Price McNamara help you ensure that your rights are protected, and you receive the best possible outcome for your long term disability claim. Your financial future depends on it.
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