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Oklahoma City Long Term Disability Lawyer

Oklahoma City Long Term Disability Lawyer

Every year, thousands of Americans are denied their rightful benefits under an ERISA employer-sponsored long term disability plan. If you recently discovered that your employer’s long term disability (LTD) plan has denied you the benefits you deserve, do not take ‘no’ for an answer. Call the Law Offices of J. Price McNamara today. We often help clients secure the necessary payments to salvage their financial futures in spite of serious health problems and delayed payments of their claims.

With offices in Oklahoma City, OK and throughout the U.S., the Law Offices of J. Price McNamara are here when you need us, and all consultations are always free.

What is the Process for Appealing a Long Term Disability Denial?

If you recently received a letter telling you your claim for long term disability (LTD) was denied, then you do not have time to waste. You need to get legal representation immediately. Here are the basic steps you should keep in mind when trying to appeal a disability denial from your employer’s LTD plan:

  • Review the Plan Documents: The first step in appealing your denial is to thoroughly review your plan documents. You may have put the policy contract in a file cabinet years ago, so you will want to request a full copy of the plan agreement. This will be a lengthy and very detailed contractual agreement between your employer and the insurance carrier, which outlines the rights and responsibilities of “participants” like you. In this document, there will be a list of procedural steps you need to take once denied.  
  • Administrative Appeals: Almost all LTD plans will set forth a set of administrative steps that need to be taken. We call these administrative steps because they do not involve a court system or government agency in most instances. Instead, they are internal steps that you must complete directly with the insurance carrier or plan administrator. If you do not at least attempt these steps, then you will be considered to have failed to meet the contractual obligations, and it gives them another reason to deny your claim.
  • Exhaustion of Administrative Remedies: For the majority of LTD benefit plans, a federal law called “ERISA” will control how appeals must be processed. Part of the requirement is that you must exhaust administrative remedies. This is a fancy legal term for jumping through all of the internal hoops included in the contract. You can not go directly to court unless you have attempted to resolve the appeal directly through the methods outlined in the plan.
  • Time for Appealing Denials: Under federal law, your employer must give you 60 days (minimum) to file a notice of appeal. Check your plan for the specific time limit that applies to you.

What Happens if You are Still Denied?

If you are still denied, even after exhausting all other options through the plan, then you have a right to take your dispute to court. Depending on the insurance carrier and how the plan is organized, this may be in a state court, but in most cases, it will be a federal court action.

Can a Lawyer Really Help?

Absolutely. While some cases are properly denied, many are not. In fact, a large number of perfectly valid claims are unjustly denied. The sooner you speak to an attorney from the Law Offices of J. Price McNamara, the sooner we can begin guiding you through the process and building your case in the event the matter needs to be litigated. So, do not delay. Give our team a call today.

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