Avoid Hasty Appeals!
You probably wanted to scream the day you checked your email and found out that the long-term disability company was denying your claim.
When you got on the phone with your claims handler they probably told you to just write them a letter, telling them you want to appeal.
Rejection is Often the Beginning of Success
Should your disability claim face rejection, resist the urge to immediately send a protest letter to the insurer contesting their refusal. Appeals typically provide a singular opportunity, and for group disability policies, a failed appeal often leaves litigation as the sole recourse. Under ERISA law, which applies to group disability claims, the litigation stage prohibits the introduction of any new evidence. This means no additional medical records, doctor’s assessments, or testimony from experts can be presented. The court’s focus isn’t on the validity of your disability but on the reasonableness of the insurer’s decision based on the evidence available at that time, which is a challenging standard to meet. It’s crucial not to rush the appeal process, which generally allows 180 days to file, and to seek advice from a disability lawyer with extensive experience before proceeding.
Every single one of the BenGlassLaw long-term disability wins started with a denied appeal!
