What Are the ERISA Disability Appeal Deadlines and Why 180 Days?
On a daily basis, the law firm of Dell & Schaefer receives countless calls from claimants who have failed to file their administrative appeals within the required 180 day. Unfortunately, under ERISA regulations, once the 180 day time limit has expired the insurance company is not required to accept your appeal. If your insurance company refuses to accept the untimely appeal, your claim will be closed and a court will likely dismiss a lawsuit against them to recover the money you are rightfully owed. This can be very frustrating and disheartening to claimants who are relying on this income to support their families.
WHAT IS AN ADMINISTRATIVE ERISA APPEAL AND HOW WILL I KNOW WHEN MY ERISA APPEAL IS DUE?
If you have a group disability policy chances are it’s governed by federal law under an act called the Employment Retirement Income Security Act of 1974 (ERISA). Your rights under ERISA are more restricted than those under state law. When your benefits have been denied or terminated it is critical to be aware of the strict deadlines that must be adhered to. Insurance companies are banking on claimants’ lack of understanding of these rules in hopes that the deadlines will be blown and the insured will have no recourse. If your benefits are denied, ERISA requires that you file an administrative appeal directly to the insurance company. This is your only opportunity to present your case as once the administrative record is closed (after the expiration of 180 days) nothing else may be added no matter how critical the information may be. If you end up in a court of law, the only information the judge will consider is information that was provided during the appeals process and nothing else.
When you receive a letter from your insurance company, it will contain language similar to the following:
You may appeal this decision by sending a written request for appeal to Hartford within 180 days after receipt of this denial letter. In the event the appeal is denied in whole or part, you will have the right to bring a civil action under Section 502(a) of the Employee Retirement Income Security Act of 1974.
To help ensure you prevail and receive the benefits rightfully owed to you, it is pertinent to be aware of and calendar the deadline to submit your appeal and contact a disability insurance attorney specializing in ERISA to assist in preparing your appeal. Contact us for a free consultation and we will let you know immediately if we can assist you.
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Disability Company Reviews
(668)
Showing 8 of 668 Reviews
Mutual of Omaha
90 days and still waiting
I filed for benefits in July, 2024 with an effective date of 7/30 (after the 14 day wait) and today is October 18th and my claim is still pending. They either don't want t... read more >
New York Life
NY Life Short Term Disability Team is Terrible
I am a physician and was in a high velocity rear impact car accident. The person slammed into my stopped car going almost 50mph. Was not physically or cognitively able to ... read more >
Sedgwick
Sedgwick will use the false need for discovery to deny your claim
Sedgwick will use the false need for discovery to deny your claim for as long as possible to wear you down because you are out of work and need the money.Lie, cheat and ... read more >
Unum
Unum does not act as a fiduciary
I received paycheck from 2 sources at work. I was approved for LTD by Metlife within 40 days, no questions asked. I was approved by NWM which was my private own occupation... read more >
Unum
UNUM denied my LTD claim after 6 months although my health continues to decline
An attorney is needed to monitor an open, ongoing claim. I naively thought payments would continue. Review of medical records by a disability attorney before submission to... read more >
MetLife
Horrible STD Service. Run !!!!
For the first time since I can remember my employer did not offer STD as one of my paid benefits so I’m paying for this policy. Had to file a claim on 6-14-25. Went thro... read more >
Reliance Standard
Reliance Standard cut off LTD suddenly claiming I could do sedentary work after 10 plus years… no paperwork sent to appeal
I’ve been on STD then LTD with Reliance since 1/2015. They sent a medical review in December 2024 to my old address which of course I never got the paperwork for. I emai... read more >
Sedgwick
Denial for benefits, Sedgwick is the worst
I was not paid for 7 months on STD. My appeal was finally approved, but in the meantime I lost company match on my 401k, and then they canceled my company insurance. Out o... read more >
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Seven Surgeries and The Standard Still Denies Disability Insurance Benefits
Our client was employed with the State of Oregon as a Technical Support Representative. She sought disability through her employer provider LTD Policy with Standard due to low back, hip, and lower extremity pain. She had two hip, two knee and three back surgeries.After paying her for 1.5 years Standard hired a board-certified neurologist to perform a review ... Read More >
Sun Life Wrongfully Denies Disability After Paying For 23 Months
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Our client, a registered nurse for Dignity Health, found herself in a difficult situation after being diagnosed with lumbar spondylosis and left knee arthritis. She continued to work, however, struggled while attempting to work through chronic lower back pain and left lower extremity radicular symptoms on a daily basis. Sadly, her condition failed to improve and... Read More >
Lincoln Reverses Decision to Terminate LTD Benefits of Corporate Attorney after Dell Disability Lawyers Appeals the Decision
The claimant is an 64 year old former Corporate Attorney and at a prominent Florida business law firm who was forced to cease working in his highly successful and rewarding profession, job, and career on January 27, 2021, and to seek disability compensation under his policies with Lincoln due to severe symptomatology stemming from or following a viral COVID-19 i... Read More >
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Unum unjustly terminated our client’s disability insurance claim after it had approved and accepted liability for six months. Unum unreasonably concluded, without any evidence of improvement, that the claimant had resumed the sustained work capacity to perform the material and substantial duties of her high level occupation as a Transportation Division Manage... Read More >
Prudential reverses decision to terminate LTD benefits of MRI Tech with Primary Progressive Multiple Sclerosis and degenerative Disc Disease
The claimant is a 58-year-old former MRI Technologist for Fairview Health Services who has long suffered from the debilitating effects of her chronic medical conditions. She has a history of neck pain as well as right arm pain and numbness dating back to 2005 with a reoccurrence of severe symptomatology in 2013. MRI of her cervical spine performed in August of ... Read More >
Engineer With Depression Wins Prudential LTD Appeal
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