Long-term disability insurance is often available through employers and included as part of your employee compensation. It can help offset lost wages when an injury, illness, or other chronic medical condition prevents you from working for a year or longer. However, going through the process of filing a claim and getting it approved by the insurance company often proves challenging. In the event of a denial, you have the right to appeal the insurer’s decision. Our experienced Chicago long-term disability attorney explains the three phases of this process.
Disability benefits can reimburse you for up to two-thirds of your lost income if you cannot work a year or longer. The Bureau of Labor Statistics (BLS) reports that half of all workers have long-term disability insurance available through their employer. Unfortunately, the process of getting a claim approved can be challenging, and it is not uncommon for benefits to be denied or delayed.
Our experienced Chicago long-term disability attorney understands how unnerving it may be to have lost the ability to work and earn a living and the difficulty that can come with denied or delayed benefits. We offer the trusted legal guidance you need throughout the long-term disability claims process. We can intervene during any of the following three phases:
You can file your claim as soon as you become disabled and are unable to work for a year or more. Along with a completed claim form, provide:
The insurer has up to 45 days to deny or approve your claim and may request a 30-day extension if they require additional information.
Long-term disability benefits are routinely denied. Under The Employee Retirement Income Security Act of 1974 (ERISA), you generally have up to 180 days to file an administrative appeal.
The appeals process involved appearing before an administrative judge and providing additional information to support your claim. If your claim continues to be denied, you have the right to have it reviewed by an administrative panel.
If your long-term disability benefits continue to be denied, then further litigation may be needed. Under ERISA, you have the right to file a lawsuit against the insurer through the local federal court.
The above details the three-step process for filing a long-term disability claim and appealing denied benefits. Be aware that getting the benefits you are entitled to becomes more difficult with each step. To protect your rights, get Bartolic Law on your side.
We deal with insurers on your behalf and guide you through the claims process, helping you get your benefits in the fastest and most efficient manner possible. To request a consultation with our Chicago long-term disability attorneys, call or contact our office online today.