Do You Know What Is Needed To File An ERISA Appeal?
- An ERISA Long Term Disability Appeal Is Challenging
Author: Attorney Alex Palamara
Disability insurance claimants naively believe that managing their own disability claim is a simple process. There are disadvantages of managing your disability insurance matter, especially when filing your own appeal. The goal of an appeal is to overturn the insurance companies decision and to strengthen your case if you have to file a lawsuit.
With an ERISA governed policy an appeal is filed because your initial claim has been denied.
Group disability insurance policies have an internal appeals process when an unsympathetic decision has been made on your claim. At this point, the claimant must challenge the decision of the insurance company that just denied your claim.
Once you have been denied, it is up to you to use your appeal to strengthen your claim file and it is the claimants responsibility to show proof of loss and the only times you are able to do that is when your claim pending or at the appeal stage. If a vital piece of information is not included in your appeal, you will not be able to add that information to your lawsuit.
Remember, the insurer is seeking information to be utilized to deny or terminate benefits. Know the significance of what you tell and provide the insurance company. We are experienced ERISA attorneys and we understand what information needs to be included in your appeal. If you have been denied, please contact any of our lawyers for a free consultation.