Today, I want to talk to you about what to do after you receive your final long-term disability denial letter from the insurance company. When I say final, what that means is when you file for long-term disability benefits, if you’re denied, you usually have a right to at least one, if not two, appeals. If the appeal is denied, the insurer will usually identify whether you have one more optional appeal, you must file a second appeal, or if you’ve exhausted all of your appeals that you have directly with the insurance company.
So, I’m talking about when you no longer have the right to file an appeal directly with the insurance company. That’s when you are deemed to have exhausted your administrative appeals. But that doesn’t mean that’s the end of the road for your claim.
The insurer should also tell you about your right to file a lawsuit under ERISA. ERISA is short for the Employee Retirement and Income Securities Act of 1974, which applies to most group insurance plans. Although some claims may be subject to an individual plan under state law, most will fall under ERISA. If your claim falls under ERISA, you can file a lawsuit directly against the insurance company handling your claim in federal court. We can assist our clients in enforcing their rights in federal court against the insurance company via a lawsuit.
So, if you need assistance filing a lawsuit against your insurance company for wrongfully denying your claim, I encourage you to call us at (888) 321-8131. If you’d like additional free information, I encourage you to download a free copy of my e-book, The Top 10 Mistakes That Will Destroy Your Long-Term Disability Claim. You can also read my article on how to appeal your long-term disability case to federal court.