ERISA LONG TERM DISABILITY INSURANCE PLANS, AND WHAT TO DO IF YOU CLAIM IS DENIED
When you’re dealing with any type of disability claim, it’s important to know what you’re facing. Knowing more about the process will help you along the way. Here are 3 tips on long term disability cases, but if you have an injury or medical condition that keeps you from working and have been denied (or your benefits were terminated), you probably need a more specific analysis.
So if you received a denial letter from your long term disability insurance company, we will analyze that for free, confidentially and with no obligation to get you started. Just call us at 202-393-3320 to set that up.
The disability claim process will vary depending on what type of claim you’re making.
There are different types of disability claims including short term disability insurance claims, long term disability claims, social security disability claims, ERISA, non-ERISA, and Family and Medical Leave Act or FMLA claims. Each will have its own timeline and rules that govern the process. It’s important to understand or have someone on your side who understands the process for the specific type of claim you’re making. Some processes can move quicker while others take more time.
After a serious injury or medical condition that prevents you from working, it's important to determine the best way to replace the income you are losing.
If your employer has a long term disability benefit plan through a company like Guardian, Mutual of Omaha, Hartford and others, or if you have a private policy, your policy will probably be governed by ERISA (a federal law that stands for the Employee Retirement and Income Security Act). At Donahoe Kearney, we can help with ERISA long term disability insurance claims.
The long term disability claim process often involves an administrative record and important timelines.
Are you making a long term disability insurance claim? If so you there may come a time when your claim is either denied or your benefits terminated and you will be required to appeal that denial. That appeal goes to the insurance company (I know it sounds crazy but the insurance company will decide whether to stick with or change their denial of your benefits) and that appeal - everything you put in it, will be the administrative record. The record covers the time period from when you were injured through your current condition. It’s critical that this administrative record is delivered on time and contains all of the critical information to support your claim.
This is not filling out some forms or just sending in your medical records - there is an entire process you should go through involving medical and vocational evidence that needs to be prepared.
There is also a timeline of events that must be followed exactly or you risk having your claim denied. ERISA long term disability insurance deadlines include 180 days after any claim denial for appeal and the insurance company’s 45 day deadline to review an appeal once submitted. That's not a lot of time to get your administrative record together, especially if you don't know exactly what you are looking for.
Hiring an attorney is a great way to make the process smoother.
Hiring an attorney to appeal your denial of benefits is the smart thing to do. Sometimes a consultation to explain and guide yo through the process of filing a claim is one of the best ways you can set things up tp go well and in your favor, so that you don't need a lawyer down the road. Trusting your appeal us means your case is being managed by a Board Certified attorney, as well as a fantastic, friendly, and highly competent support staff helping with all the administrative parts of the case.
The team at Donahoe Kearney is standing by and ready to help. Call us today and speak to our attorneys or professional staff and see how we can help you with your ERISA long term disability insurance case today.
Give us a call right now at 202-393-3320. We are looking forward to solving your long term disability insurance plan problems.