How Does a Remand Affect Your ERISA Disability Lawsuit?

The ability for a Judge to remand, or “send a claim back” to an disability insurance company for further review is another unique characteristic of an ERISA based disability insurance lawsuit. In turn, the Court has three options in ruling on a case: 1) award benefits to the plaintiff, 2) agree with the insurance company denial or 3) remand the case back to the insurance company for further review. It is very important to note that just because a Judge might remand a case back to an insurance company for further review of documentation in the claim file, this in no way guarantees that the insurance company won’t continue to deny a claim. If an insurance company denies the claim after a remand ruling, then the claimant is usually required to file another appeal within 180 days of the denial. A remand is a horrible judicial ruling that further delays the payment of disability benefits and gives the insurance company another chance to deny benefits. A remand can sometimes be a good thing for a claimant as it reopens the administrative record and allows the claimant to submit additional evidence which the insurance company must consider.