HomeNewsHow Long Do I Have to Appeal My Long-Term Disability Claim Denial?

How Long Do I Have to Appeal My Long-Term Disability Claim Denial?

Long-term disability benefits available through your employer can help make up for lost income if you are unable to work for a year or longer. However, it is common practice for insurance companies to deny claims. In this situation, you have the right to file an appeal. Our Chicago long-term disability appeals lawyer explains more about the process and time limits that apply. 

Your Rights in Appealing a Denied Long-Term Disability Claim

If you suffer an injury, illness, or chronic condition that leaves you unable to work for a year or longer, you may be entitled to benefits through long-term disability insurance provided by your employer. According to the Bureau of Labor Statistics (BLS), nearly half of all private industry workers are entitled to these benefits. 

Long-term disability benefits can play a major role in making sure you and your family are able to meet monthly expenses. However, it is not uncommon for claims to be denied. You have the right to appeal the insurer’s decision, but you only have a limited amount of time. Take these actions to protect your rights: 

  • Keep copies of your claim application and all documents provided to the insurer;
  • Respond promptly to requests for additional information;
  • Keep copies of any communications you receive from them;
  • In your denial letter, look for the reasons your benefits are denied and the time limits for filing an appeal;
  • Contact our Chicago long-term disability lawyer for trusted legal guidance throughout the process. 

The ERISA Appeals Process

Employer-provided benefits are subject to the Employee Retirement Income Security Act of 1974 (ERISA). This is a complex federal law that governs how benefits, including long-term disability insurance, are administered. It also provided rules and procedures for appealing denied claims. Under ERISA guidelines, you generally have 180 days from the date of your denial letter, or roughly six months, to file an appeal. 

While this may seem like a long time, it is important to act quickly. The process for filing an appeal generally includes the following: 

  • Consulting with our long-term disability lawyer about your case;
  • We review your claim and gather any additional documents or other evidence needed;
  • We draft an appeals letter to send to the insurer, notify them of your intent to file an appeal and the reasons why;
  • They have up to 90 days to make a decision about your benefits;
  • If your claim continues to be denied, you have the right to have your case heard by an ERISA administrative judge or panel;
  • If your claim continues to be denied, we can guide you in taking your case to court.   

Request a Consultation With Our Chicago Long-Term Disability Lawyer

To ensure your long-time disability appeal is filed within the required timelines, reach out to the Law Offices of Michael Bartolic. Call or contact our office online and request a consultation with our Chicago long-term disability lawyer today. 

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