Why Filing For Long-Term Disability Now Is Important
Don’t wait to file your long-term disability claim. Whether you’re insured with Guardian Life, MassMutual, Assurity, Aflac, or another provider, timing is crucial. Here’s a case from Washington, DC that illustrates the risks of delay with your disability insurance:
If your policy falls under ERISA, your case must be filed in federal court, typically decided by a federal judge based on the administrative record, which underscores the importance of a well-prepared appeal and consultation with an ERISA specialist.
In Hunter v. Massachusetts Mutual Life Insurance Co., dentist John Hunter of DC purchased a long-term disability policy from MassMutual in 1985. The policy required notifying MassMutual within 90 days of an incident for claims processing, with flexibility under the clause “as soon as reasonably possible.”
Years later, after a motorcycle accident in 2004, Dr. Hunter filed his claim in 2011, citing the accident. Despite the claim’s late filing, MassMutual accepted it, though they noted the delay. Dr. Hunter sought backdated benefits from 2004 to 2011, which MassMutual denied due to the extended period impairing assessment of his injuries and benefits eligibility.
In litigation, Dr. Hunter argued for broader benefits, citing MassMutual’s acceptance as precedent. The court ruled in MassMutual’s favor, affirming that acceptance outside the 90-day window didn’t obligate additional benefits beyond policy terms.
Two Important Points for Filing Long-Term Disability Claims in DC
- Review Your Policy: Policy terms dictate benefits eligibility.
- Timeliness is Critical: Avoid assuming reasonableness of delay; timely filing safeguards potential benefits or enhanced rates.
If your long-term disability claim was denied, send details to us via fax at 202-393-3324 or email at clientexperience@dkllp.com for a complimentary review and guidance.
Suing for Long-Term Disability Benefits
Long-term disability isn’t just about forms and medical notes; it’s a complex process with many myths. After denial, appeal within 180 days is mandatory before federal court litigation under ERISA.
Understanding the process involves detailed policy review and timely action—essential for an effective appeal and potential litigation.
Navigating ERISA claims alone is challenging. Without expert help, meeting legal standards and deadlines poses significant hurdles.
If you’ve been denied benefits, are having trouble with your appeal, or are thinking about applying for long-term disability benefits, call us today at 202-393-3320 to see how we can help. You can also schedule a free, same day appointment by clicking here.
