If you have received a denial letter for your disability benefits under ERISA, you are required to completely exhaust all of your administrative remedies before you are able to file a lawsuit in federal district court to collect what you are entitled to. In order to exhaust your administrative remedies, you must request a review of your denial to the plan administrator or insurance company in an attempt to convince them to pay out your benefits. Achieving success on your appeal takes more than simply filling out a letter and stating why you do not agree with the denial of your benefits.
A successful appeal is complex and must contain particular information to bring about a solid change of decision, and we have many years of experience working with long-term disability claims and appeals. Our legal team has a firm understanding of what evidence the insurance company needs to approve your claim. When you have Roberts Disability Law, P.C. by your side, we work with you to collect and submit the relevant data both on time and in an effective format, supporting our high rate of success when it comes to getting insurance companies to reverse their denial decisions.
One of our experienced attorneys is standing by to answer any questions you might have – and read on to learn more about the value that your Palo Alto long-term disability lawyer from Roberts Disability Law, P.C. can provide to your claim.
Generally, the benefits denial letter you have received from the insurance company will also communicate the amount of time that you have to reply. When it comes to disability benefit claims, you have just 180 days after receiving the denial letter to send in a written request for review of the denial of your claim. It is important that you contact us as soon as you receive the denial letter, as we need as much time as possible to put together a thorough and comprehensive appeal letter. Covid-19 has changed some of these guidelines and deadlines. Reach out to us to learn what they are.
Your disability benefits claim can be governed by a federal act known as ERISA, the Employee Retirement and Income Security Act of 1974. Courts have interpreted ERISA to provide that the only evidence a reviewing court can consider in a lawsuit regarding denied disability benefits is the content of your file after an administrative appeal. An incomplete or ineffective appeal will mean that if you cannot collect benefits and have to file a lawsuit, the only evidence you can use is what was in your unsuccessful appeal. This can make it difficult to win any related lawsuits.
Working with an attorney as soon as possible ensures you have the strongest administrative appeal and, if necessary, the evidence you need to turn over the denial in court and collect the benefits you are entitled to.
To support your long-term disability claim, schedule a consultation with Roberts Disability Law, P.C. today. We can help with an initial claim or the appeals process.
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