San Francisco Long Term Disability Law Firm

Even if you know you have a lasting disability and cannot work, it does not mean that you will begin to receive the benefits you need from your long-term disability insurance. Many disability claims are denied, but you should know that this is not the final say. There are options to appeal a long-term disability denial, and you should always seek help from a San Francisco long-term disability law firm during this process. Roberts Disability Law, P.C. is ready to help. 

ERISA Disability Appeals

Appealing a disability denial when your policy is overseen by ERISA is a different process than appealing other insurance claim denials. It is necessary to exhaust the administrative remedies required by the law before you can take legal action against the insurance company. The administrative process has strict deadlines and requirements that you must follow to have a chance at a successful appeal. 

When you request that the insurance company re-review your claim, it is important that you provide information to support overturning your denial. You cannot simply write a letter telling them why you think you deserve benefits. Instead, you need to provide objective and convincing evidence supporting your disability status. 

A lawyer who handles ERISA long-term disability claims can review the reasons for your denial and devise the best possible strategy to get your claim granted. Seek help from our legal team today. 

The Importance of Your Disability Appeal

There are many reasons why you want to make sure that you handle your appeal in the proper manner. First, if your appeal is successful, you can begin receiving the financial benefits that you need to support yourself and your household sooner. 

There is another important reason why you want the right legal assistance for your initial appeal. This is the last opportunity you have to build the administrative record for your claim, which is what the court will review if you need to file a lawsuit. 

If the insurance company still upholds the denial, the next step is for your attorney to file an ERISA lawsuit in federal court. When this happens, the court does not accept new evidence of your disability. Instead, the judge will review the record the insurance company had and decide whether the insurance company made an error. If you do not provide all possible evidence to the insurance company during your administrative appeal, the court will likely never see that information. 

You should approach your administrative appeal with the following steps:

• Assess the denial reasons provided by the insurance company in your decision letter
• Review the file your insurer has for your claim and see if it matches up with the basis of your denial
• Review and analyze all of your medical records relevant to your disability
• Obtain another medical assessment if needed
• Determine whether the insurance investigators obtained any surveillance or other evidence against you that you need to challenge
• Undergo a vocational evaluation
• Obtain statements from third parties to support your claim
• Draft and file an appeal letter that properly addresses all of the evidence you have and why the insurance company should reconsider your claim

Reach Out to a San Francisco Long Term Disability Law Firm Today

In many cases, Roberts Disability Law, P.C. is able to obtain approval of benefits during the administrative appeal process. If not, we can initiate ERISA litigation. Contact us to learn more about how we can help right away.