When you suffer an injury or illness that prevents you from working, long-term disability insurance can provide a security net. But when you can’t work, and an insurer denies your claim, it can cause financial insecurity, a feeling of loss of control, and tremendous stress. Unfortunately, this happens too often. Insurers search for reasons to deny your claim more than searching for reasons to approve it. You have the right to appeal the denial.
Bartolic Law helps clients appeal long-term disability denials, and our Innovation and dedication are unparalleled. Do not go it alone.
Common reasons include insufficient medical evidence, failure to meet policy definitions of disability, missed deadlines, or errors in the application process.
The appeal is the last chance to present all available evidence for your case. It functions like a paper trial, where the court reviews the record, similar to an appellate proceeding. If there’s anything that could strengthen your case, it must be included during the pre-litigation appeal stage, as courts typically will not allow new evidence later.
Under ERISA regulations, you have 180 days to appeal a long-term disability denial. While this may seem like plenty of time, it’s critical to act quickly. During this period, you’ll need to analyze the insurer’s process and file, gather all medical records, obtain opinions from treating doctors, conduct additional tests, secure expert opinions, and create a visually compelling appeal. The goal is to present a clear case that makes it easy for the insurer to see why their decision was wrong and approve your claim instead of pursuing litigation.
You can appeal on your own, but hiring a lawyer with experience in long-term disability claims can streamline the process and improve the likelihood of approval.
Bartolic Law’s founder has a strong background in accounting and finance, using frameworks to assess expected outcomes and values. While our contingency success fees may not always be the lowest, we deliver exceptional value by increasing your chances of avoiding litigation. Most litigation cases end up settling because the process is lengthy, and insurers often buy out claims for less than full value. With Bartolic Law, we don’t earn a success fee at the appeal stage unless we succeed, but even if litigation becomes necessary, your case will be stronger with us.
Yes, if your appeal is denied, you can file a lawsuit. This is often the next step, particularly under ERISA plans, where litigation becomes necessary to challenge the insurer’s decision.
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