Anyone who has had to file a claim for long term disability benefits knows how difficult and demanding the application process can be. The application process requires extensive medical and some financial details that are not easy to gather, and the process requires an accurate representation of details.
A denied claim for long term disability can be a serious setback. For many people, their disability coverage is the only thing keeping them afloat financially when they can no longer work. It is important to understand your options after a claim denial.
What should you do?
If your long term disability claim has been denied, you should:
- Talk with an attorney: This should, but does not have to be your first step. An experienced ERISA lawyer handling disability claim denials can talk you through your options in detail and walk you through the appeal process to increase your chances of getting the denial of your long term disability claim reversed.
- Appeal the denial of your disability claim: This is almost always the next step. Before a case can go to court, claimants need to go through the insurance provider’s internal administrative processes and file an appeal of the claim denial. This can be done either by yourself or through an attorney you retain.
- File suit in court: If the internal appeal with the insurance carrier is unsuccessful, you still have the option of filing a lawsuit to obtain the disability benefits you deserve. Filing suit requires knowledge and experience to take on the a long term disability insurer, so it is critical to discuss your options with a lawyer before proceeding. You would be best served consulting and/or retaining an ERISA attorney who is knowledgeable in the specific processes of ERISA litigation.
These are the basic options available to you after your long term disability claim has been denied. However, every case is different, so it is important to get legal help from an experienced professional who knows the process well and can help you.