If you are suffering from a long-term injury or disability, you might be entitled to long-term benefits. If you have a long-term disability insurance policy through your employer, it is likely that your plan is covered by the federal statute, ERISA. In some instances, however, insurance companies will deny applications for long-term disability coverage.
If you have been denied long-term disability benefits under an ERISA plan, you may be able to appeal that denial in one of several ways. An experienced San Antonio ERISA appeal lawyer could help you assemble all of the necessary accompanying documents and file the appeal on your behalf. Attorney J. Price McNamara of the Law Offices of J. Price McNamara has significant experience with handling ERISA appeal matters. Contact us online today for more information about how we could assist you.
Depending upon the ERISA policy of insurance that you have with your employer, you might be able to administratively appeal your case as many as two different times. The insurance policy language will indicate how many times an appeal could be filed in your case, upon denial of disability benefits.
If both of your administrative appeals have been denied, then you may then be able to file a lawsuit against your insurance company in the federal court system. By filing a lawsuit, you are beginning the ERISA litigation process. An experienced San Antonio ERISA appeal lawyer could assist you with filing your ERISA complaint with the federal court in a timely manner and submitting all of the necessary documentation.
When you administratively appeal a denial of your ERISA disability benefits, the record should already contain all of the medical records, imaging studies, and other medical documentation pertaining to your long-term injury or illness. Failing to include the necessary medical documentation will likely result in another denial.
If you sue your insurance company in federal court after exhausting the administrative process, a federal judge will only be able to refer to the medical documentation in the appeal record. If you left medical documentation or other information out, that information would not be available to a federal judge, and he or she cannot consider supplemental documentation or records. In a federal lawsuit, a federal judge is only permitted to review and consider the medical documentation which is already present in the administrative appeal record.
If you have been denied long-term disability benefits under an ERISA policy, you should consider retaining legal counsel in your case as soon as you possibly can. Time may be of the essence in your case, and the longer you delay seeking legal counsel, the less likely that you will be able to succeed on appeal.
Attorney J. Price McNamara of the Law Offices of J. Price McNamara can assist you with every aspect of the appeal process, including filing an ERISA lawsuit in the federal court system, if necessary. To schedule a free legal consultation and case evaluation with an experienced San Antonio ERISA appeal lawyer, please contact us online today.
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