When your long-term disability claim has been denied, it’s important to know the steps necessary for an appeal. The appeals process is usually pretty straightforward. But with an ERISA appeal process, the steps are more complex. Here is a glimpse into the long-term disability appeal process with the help of Bartolic Law in Chicago.
When you receive your denial letter, there will be instructions on how to file your appeal. The insurance company will also list why your claim was denied and what you need to submit.
Knowing this information can increase your chances of being approved for your appeal. After reviewing your denial letter, you want to make sure that you request a copy of your long-term disability claim.
If you decide to hire a long-term disability appeal lawyer, they can review the information in your claim and find out what information you can include for the next steps.
After reviewing your denial letter, you will have 180 days to submit all of your evidence to your administrative record. Unlike the usual appeal process, you will not have a chance to file a lawsuit against the insurance company until all of your administrative appeals have been exhausted.
That means you don’t have the luxury of including additional evidence or testifying on your behalf. You must include all the evidence and supporting documentation in your administrative record. This administrative record is the only thing that the administrative judge will consider when overturning your denial.
You want to ensure that all of your strongest evidence is packed into your administrative record, from your doctor’s medical notes to statements made by your friends and family.
Once your administrative record and appeal letter have been submitted, you must wait for the administrative judge to decide. There is no average time that it will take for the administrative judge to approve or deny your appeal.
If the judge approves your appeal, you will receive the following steps on when to expect your benefits. If your appeal is denied, you will have another chance to appeal and start the process again.
After all of your administrative appeals have been exhausted, you will have the chance to file a lawsuit against the insurance company. Even though you can file a lawsuit against the insurance company, you will still be required to follow the same procedures in your administrative appeals.
That means you will still not be able to testify or include additional evidence to your record after missing the deadline. You will also still be limited to the evidence presented in your record.
When you want to make the long-term disability appeal process easier for you, reach out to the long-term disability appeal lawyers at Bartolic Law. Contact us online for your free consultation