Lexington Long Term Disability Claim Attorneys
LTD claim denied? Long term disability claim attorneys also known as LTD lawyers can help ensure your long-term disability claim is handled properly. LTD lawyer can stop the insurance company’s games in their tracks and help you to receive the maximum possible benefit from your LTD claim. Consulting with a long term disability attorney before you file your claim could save you a lot of time and heartache. Our LTD attorneys will take the time to explain your options and discuss the long term disability claim process with you. There is no charge for a for our experienced long-term disability lawyers to evaluate your situation. Call us or request a free case evaluation today. We are here to help.
Things to Consider if Your Long Term Disability Claim is Denied
Does Federal ERISA Law Apply to Your Long-Term Disability Claim
A long term disability plan offered through your employer is likely covered by ERISA (Employee Retirement Income Security Act). The intent of the ERISA law was to protect the rights of employees to receive the benefits promised by their employer. In reality, ERISA law does more to protect insurance companies than employees with long term disability claims.
ERISA LTD Claim Denial in General
The long term disability claims process can take a long time and it is fraught with obstacles. Insurance companies are notorious for denying long-term disability claims even when the LTD claim is valid. The insurance company controls the long term disability claim process. ERISA mandates that, if your long term disability claim is denied, you must go through the long term disability claim appeal process with the insurance company before you can file a lawsuit against them. In most cases, the chance of success in ERISA long term disability cases is much greater if you retain a lawyer as soon as your initial LTD claim has been denied. If you have not filed a claim yet, it is a good idea to take advantage of our free case evaluation. We can tell you what to expect, discuss your options and formulate a plan for your case. There is no fee and no obligation to speak with one of our experienced ERISA lawyers.
How Long Does It Take for an ERISA Long Term Disability Appeal?
Once your long-term disability claim has been denied, you have 180 days to file your appeal. The insurance company then has up to 90 days to decide your long term disability appeal. During your long-term disability appeal, you probably are not working, and you likely have little to no income. If you apply for Social Security Disability (SSD), your long term disability insurance company may try to deduct the amount that you receive from SSD from the benefit it pays you. If you do not apply for SSD, the long term disability insurance company may claim that you failed to comply with the requirement of your policy to apply for SSD.
If your long term disability claim has been denied, you must make sure that your written appeal is filed by the deadline or you could lose your right to appeal. When you file your long term disability appeal, it is vital that you include all the evidence necessary to prove your cases. This is because the long-term disability claim examiner will only consider the evidence that has been submitted. They will not contact you to request additional information or to let you know that something is missing, they will just deny your appeal.
What Happens if I Lose My Long Term Disability Appeal?
If your long term disability appeal is denied, you can then file a lawsuit in U.S. District Court against the insurance company. However, ERISA long term disability cases are not handled like other types of cases. The court will only consider the evidence that was submitted to the insurance company during the appeal process. So, if you did not submit the necessary evidence to prove your case during the appeal, it is unlikely that a judge will see it differently. The court will not permit new evidence and they will not allow testimony from witnesses. ERISA cases are also non-jury cases. This means that the final decision is left solely to the judge.
Why Hire a Long Term Disability Attorney?
A long-term disability attorney will make sure that you meet your deadlines, deal with the paperwork, help you with medical specialists, and give your case the best chance of success. A LTD claim lawyer will make sure that all the evidence to prove your case has been submitted during the appeal. Moreover, a long-term disability attorney will prepare and file your case and represent you at all court hearings.
Our experienced Lexington long-term disability attorneys charge no upfront fees. This makes it easy for anyone to have an experienced LTD lawyer represent them in their long-term disability appeal. Call us today or request a free case evaluation now.