What To Do After Being Denied Disability Benefits

If your long-term disability benefits have been denied or terminated by the insurance company, you should have received a letter explaining why the insurance company decided to deny or terminate your disability benefits. Most long-term disability claims are covered by a federal law (ERISA) and your appeal is regulated by the U.S. Department of Labor.

You normally have 180 days from the day you receive the denial letter to submit an appeal, but due to COVID-19 the Department of Labor has extended the time to file an appeal. Under existing law, the deadline is limited to one year. 
 
In March 2021, the Department of Labor extended certain time frames, including the time to file an appeal, to the earlier of:
  • One year from the date you were first eligible for relief
  • 60 days from the end of the COVID-19 national emergency (the emergency has not ended)

What The Appeal Extension Means For You 

The extensions give you more time to collect all of the evidence you need to include with your appeal. Filing a winning short term or long term disability appeal is a lot more than completing a form or sending in a letter that says “I appeal". Most of our appeals are 20 to 25 pages, single spaced and can include another 50 to 100 pages of additional exhibits.
 
For progressive medical conditions, the extension can be helpful to get additional support from physicians and other medical experts, medical literature, and vocational support. This is especially important if you are dealing with cognitive issues, fatigue, or lack of mobility due to the medical condition or injury.

Don't Wait - Speak To An Experienced Disability Appeal Lawyer Today

Take advantage of the time given to you by the extensions to speak to an experienced long-term disability attorney. we know how difficult this process is on our clients. Appealing a long term disability denial can be exhausting and that's why we make it easy for our clients. We do everything we can to help you stand up to the insurance company.
 
And just because you have more time to file an appeal does not mean that you should wait. If you are no longer receiving long-term disability benefits, or were denied these benefits, you should move aggressively to get them reinstated.
 
Call us today at 202-393-3320 for a free review of your denial letter and our analysis of your next steps.
 
Frank R. Kearney, Attorney-at-Law
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Experienced DC Workers' Comp, Long Term Disability & Accident Lawyer