Long-term disability claims are denied for a host of reasons all the time. Whatever the reason is, denials can be very confusing and often hard to decipher. If you have a denial, it is important to get it reviewed right away because the appeal process can be as short as 180 days.
If you received an insurance denial for your long-term disability insurance, there is no reason to fret right away. You should hire an attorney, gather the necessary evidence from your Administrative Record, the file an appeal in the next 180 days.
If an appeal is denied, making it the second denial, the next step would be to file a lawsuit in court under ERISA. Once you get to that stage, it is imperative to have an attorney to make sure that all of the legal proceedings and procedures leading up to and filing a long-term disability lawsuit are initiated correctly.
One important aspect to always understand when you are applying for long-term disability benefits is you must be employed at the time of your application. This doesn't mean that you have to be actively working in the office, but you still have to be an employee.
It may go without saying, but to be eligible for long-term disability benefits, you have to have the policy in effect at the time of your disability – which usually requires you to be employed at the time of disability, but not necessarily working.
One responsibility that insurance companies have during the application and denial process for benefits is to give you all the necessary information in the administrative record for your case so that you can look at everything they are looking at when making their decision.
One question we get a lot is: how do I apply for long-term disability benefits? An application is usually pretty easy to do, so attorneys aren't generally required or necessary for this step; but questions can come up.
At Bonnici Law Group, we receive many calls regarding mental illness claims. Whether it's for anxiety, depression, or some other mental illness, many of those claims are presented for benefits. There are a lot of details within these policies that you have to know before you apply.
At Bonnici Law Group, we get lots of calls with questions on what to do after you get a denial letter from your long-term disability carrier. Truthfully, it's really procedural. The time frame to appeal is really short, which is generally 180 days.
Depending on what your policy’s states, the duration of benefits you could recover through your policy varies. A lot of policies these days state that your benefits will expire when you reach your retirement age