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ERISA Disability Appeals

The Next Steps Are Critical. As A Former Insurance Company Attorney/insider, I’ll Personally Guide You Through Those Steps And Around Common Pitfalls

Before You Hire Any Attorney, Let Me At Least Do This For You (Free Of Charge):

  • 1 Review Your Denial Letter;
  • 2 Discuss the denial and insurance company tactics in your case with you by phone; and
  • 3 Give you a written step-by-step plan to fight your denial.

Call me or fill out the contact form to get started today.

You can use the plan continue your fight alone, or share it with any other attorney you wish.

Or if you decide you want me to fight for you, no office visit is needed, and you pay nothing – no fee, no costs -- unless we recover.

Listen About Long Term Disability

ERISA Disability Appeals

When you elect to have disability insurance through your employer, you are being mindful of what the future might hold and being responsible. In doing so, you trust that you would be able to use this valuable benefit if and when the time came.

Unfortunately, when you became sick or injured and left unable to work, you submitted your claim accordingly and were denied. You may feel like there is no hope or no other options.

However, you do have the right to appeal this decision. ERISA disability appeals are a potentially powerful option available to you, and hiring a veteran ERISA disability attorney can help you properly prepare your appeal.

Right to Appeal Your Denial

The Employee Retirement Income Security Act of 1974 (ERISA) sets the laws for insurance plans that employers provide, such as health, life, and disability. Under ERISA, applicants have the right to an appeal if their claim is denied.

Being denied ERISA disability is far more common than some people might expect. In fact, one study found that from 2006 to 2015 only 23% of applicants were approved upon their initial application. In light of this, applicants can and should submit an appeal if they are denied ERISA disability benefits.

Appeals Deadlines and Rules

ERISA disability appeals can be a complicated process often best overseen by an attorney experienced in this field. Primary factors in this complexity include the strict deadlines and rules for appealing a claim for ERISA benefits.

For instance, if an appeal is denied and an applicant subsequently takes their case to trial, no new evidence can be submitted at that point. This means it is often critical to submit as much quality information and evidence during the initial application and appeal as reasonably possible.

The clock starts ticking once an applicant receives their letter of denial from the insurance company. This letter should include certain details about why the disability claim was denied, as well as the specific policy provision for denial, whether the applicant can provide additional materials or evidence to make their claim valid, and directions for how and where to file an appeal. In addition, this denial letter should include information on the applicant’s right to bring a lawsuit under ERISA law.

Following receipt of this letter, applicants have 180 days to file your appeal. Once the appeal request is received, a decision will typically be made within 45 days, although, the law does allow for two 30-day extensions under qualifying circumstances. If the appeal is denied, some insurance companies have provisions that require applicants to appeal a second time. Other insurance companies do not, however, meaning they could move on to a trial at that point.

Get an ERISA Disability Attorney to Help

While 180 days may seem like a generous amount of time when preparing an appeal and a possible lawsuit, time is of the essence when it comes to ERISA benefits. In order to increase your chances of being approved or winning at trial, it may be a wise move to hire an  ERISA disability appeals lawyer.

Our compassionate legal team has knowledge and experience in this particular area of law and could work to build the best case possible for you. Furthermore, we know all too well how stressful and draining this process can be. Our goal is to not only make it successful for you but to also relieve you of some of your stress during this challenging time of life.

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Three Office Locations

Baton Rouge Office

10455 Jefferson Hwy,
Suite 2B
Baton Rouge, LA 70809
Phone: (225) 201-8311
Fax: (225) 201-8313
(By Appointment)

New Orleans Office

4141 Veterans Memorial Blvd.
Suite 212
Metairie, LA 70002
Phone: (504) 458-8455
Fax: (225) 201-8313
(By Appointment)

Houston Office

363 N Sam Houston Pkwy E
Ste 1100 PMB, #114
Houston, TX 77060
Phone: (713) 439-0339
Fax: (225) 201-8313
(By Appointment)

Attorney Advertising. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Testimonials are not a guarantee, warranty, or prediction of the outcome of your case. By providing certain contact information herein, you are expressly authorizing the recipient of this message to contact you via the methods of communication provided.

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