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Deadlines in Long-Term Disability Claims

Deadlines in Long-Term Disability Claims

All long-term disability plans have multiple deadlines. Those plans governed by ERISA, in particular, are subject to stringent deadlines for various aspects of claims and appeals decisions on claims. Meeting these deadlines can be crucial to a successful claim for long-term disability benefits. As a result, you should be sure to scrutinize your plan documents so that you are aware of these deadlines. Otherwise, you may miss out on your ability to claim these benefits if you become disabled.

If you receive a denial of your claim for long-term disability benefits, you typically must go through an administrative appeals process with the insurance company before you can file a lawsuit against them. ERISA generally refers to this requirement as “exhausting your administrative remedies.” Some plans have one or two levels of administrative review. The deadlines for appealing a denial of benefits in the administrative review process varies among different plans. As a result, you must look closely at the language in your plan to determine the timeframe that you have to request an administrative review.

Once you have exhausted your administrative remedies or received another denial of benefits from the insurance company through the administrative review process, you have the right to sue. More specifically, you have the right to file suit in federal court against the insurance company to challenge your denial of benefits and ask a federal judge to review the decision that the insurance company made about your claim. Under ERISA, you usually have 180 days from the date that the insurance company issued its final denial of your claim to file suit in federal court.

Obtaining long-term disability coverage can be essential to protecting your future. When you initiate a claim under this coverage, however, you need to be aware of your rights and responsibilities, which may necessitate the assistance of legal counsel. At Bonnici Law Group, we offer you client-centered representation at all stages of the long-term disability benefit claims process. When you need the kind of help that only an experienced long-term disability benefits attorney can offer you, contact Bonnici Law Group at 858-261-5454 or help@bonnicilawgroup.com.

2410, 2024

Understanding the Statute of Limitations for Disability Policy Denials and the ERISA Appeal Process

October 24, 2024|Categories: Bicycle Accidents, Car Accidents, Law, Personal Injury Claim, Vlog|

One of the most common questions people have when dealing with long-term disability denials is: How long do I have to appeal, and what is the statute of limitations on filing a lawsuit?

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