If your long-term disability claim has been denied or terminated, you need to act quickly. Under ERISA, the federal law governing most long-term disability policies, you have just 180 days to file your appeal.
Appealing your denial is more than writing a letter. It’s a detailed process requiring careful preparation, evidence, and strategy. Here’s what you need to know:
Request and Analyze Your Claim File
Start by requesting your complete claim file from the insurance company. This file may include hundreds or even thousands of pages. It contains everything the insurance company used to deny your claim.
You should review documents like medical records, reports from physicians, surveillance or job analysis data, and policy terms. Understanding what’s in your file is essential to building a strong appeal.
Gather and Strengthen Evidence
To succeed, you must prove the insurance company’s denial was unreasonable. This often involves working with medical and vocational experts, obtaining new diagnostic tests or evaluations, and getting detailed statements from your doctors that align with the policy’s definitions of disability. Including witness statements from coworkers or others familiar with your job requirements can also help.
Integrate all this information to show that your condition prevents you from working.
Draft the Appeal Like a Federal Judge Will Read It
Write your appeal as if it will go before a federal judge. Under ERISA, if your appeal is denied, your case will move to federal court. The judge will review only the administrative record, which includes your appeal.
Focus on addressing the reasons for denial in detail, adding new evidence that supports your case, and countering any evidence the insurer used to deny your claim, like surveillance footage or opinions from their hired doctors. This is your one chance to strengthen the record before it goes to court.
Why You Need an Attorney
Appealing a denial is complex, especially if you’re managing a serious medical condition. A lawyer experienced in long-term disability cases can help by analyzing your claim file, gathering necessary evidence, and drafting a strong appeal tailored to your case. Without the right help, you risk losing the benefits you’ve worked hard to secure.
Get the Right Lawyer to Protect Your Future
Long-term disability claims are not like other cases. If you’ve been denied benefits, trying to handle the appeal yourself could jeopardize everything you’ve earned. With our expertise, we’ll handle the hard work so you can focus on your health and recovery.
Don’t wait—contact us today for a free evaluation of your claim. Let’s protect what matters most to you and your family.
Get the Information You Need Now
Download our free report, “Claim Denied: The Ugly Truth About Long Term Disability”, to understand how to protect yourself after a denial. It’s free, and it will prepare you for what’s ahead.
Click here to download the guide and take the first step toward securing your future.
Get The Information and the Help You Need Today
You’re making a big decision for yourself and your family, and we are here to provide the information you need to make the right choice. Click here to download our free report ‘Claim Denied: The Ugly Truth About Long Term Disability’ today at no cost or obligation. After reading this free report you will be 100% more prepared to navigate your future with a long-term disability claim.
Ready to Speak to An Attorney Today?
We’re here to help, so call us today at (202) 393 – 3320 or click here to schedule a call to talk about your long-term disability issue. We have a number of options to help you wherever you are in the process, even if you’re just applying and have questions or concerns.
And if you received a letter from your insurance company denying or ending your long-term disability benefits, email the letter to us at info@dkllp.com and we will review it at no charge, in confidence, and with absolutely no obligation.
We’ll give you options and what we think your next steps should be based on the specifics of that denial letter.