Skip to content

Email Us Now or Call (800) 682-8331
We Help Claimants Nationwide

Helping Disabled Claimants Nationwide "Whatever It Takes" to Get Your Disability Benefits Paid

Free Phone Consultation Nationwide
CALL (800) 682-8331

We offer no fee or cost unless you get paid

Does a disability carrier need to consider my Social Security Disability approval after they have made a final decision on my final ERISA appeal?



Attorney Cesar GavidiaAuthor: Attorney Cesar Gavidia

Following a denial of disability benefits and after all administrative appeals with the disability insurance company have been exhausted, the insurance company’s final appeal denial typically signals the closing of the administrative record. Once the administrative record has been closed no further evidence, documentation or information can be added or supplemented to the disability claim. This means that if you receive a favorable determination from the social security administration regarding your claim for social security disability benefits, it is in your best interest to ensure that the social security disability file, and more importantly the supportive evidence in the file, is received by the disability insurance company before it makes its decision on the final appeal.

It is a misconception that the insurance company must give deference to a favorable social security disability determination. In fact, the disability insurance company does not have to defer to social security’s decision. However, the additional evidence sometimes associated with your social security disability claim, such as, an independent medical review and an opinion from an administrative law judge must be taken into consideration by the disability insurance company if it receives it while the claim is open.

Add your comment

Please be advised that your comment will be public. Any information contained on our website is for informational purposes only and not legal advice. If you are seeking assistance with your claim, then please use our confidential Free Consultation form.



Your name will appear with the comment


Your email address will not be published

Please note: The comments are moderated.
Your comment will need to be approved before it will appear on this page. No off topic post will be accepted. Our attorneys may respond to your comment.