How Long Does the Insurance Company Have to Make a Decision on My Long-Term Disability Appeal?
ERISA stands for the Employee Retirement Income Security Act (“ERISA”). This is a federal law passed by Congress in 1974. Most claims for benefits under an employer benefit plan fall under ERISA. Thus, if you receive long-term disability coverage through your job, your disability claim is likely governed by ERISA.
Under ERISA, you are required to exhaust your administrative appeals before you can file a lawsuit against the insurance company. This means you must appeal to the insurance company asking them to reverse the denial of benefits. This appeal is critical as it represents your last opportunity to submit supportive evidence.
ERISA requires that an insurance company makes a decision on an appeal within 45 days of its receipt of the appeal. However, ERISA affords the insurance company one 45 day extension to reach a decision if there are “special circumstances” that require an extension. The insurance company must indicate what these special circumstances are. In no situation should the insurance company take more than 90 days to make a decision on your appeal.
At Dabdoub Law Firm, we focus on representing clients with ERISA-governed claims and appeals. Our ERISA lawyers are very familiar with ERISA and will make sure the insurance company understands its duty to make a timely decision on your appeal.
Disability Insurance Companies Have Experienced Disability Insurance Lawyers. Shouldn’t You?
As a law firm created to focus on ERISA disability insurance cases, we have fought all major disability insurance companies and have won several major disability lawsuits.
We have been helping people get disability benefits from UNUM, MetLife, Aetna, Lincoln Financial, Liberty Life, Hartford, Prudential, Northwestern Mutual, CIGNA, and other insurance companies for many years.
Because federal law applies to most disability insurance claims, we do not have to be located in your state to help. We help clients nationwide with:
- submitting a disability insurance claim;
- appealing a long-term disability denial;
- negotiating a lump-sum settlement; or
- filing a lawsuit against your disability insurance company.
Call for a free consultation with a disability attorney.