Question

Can I file another appeal 1 year later if I find new evidence?

Asked on December 17th 2014 by JK
I was denied by Guardian LTD about a year ago. If I’ve recently come into a peace of medical evidence that is very strong in my favor, am I able to file another appeal?

Answer

Answered on May 18th 2014 by Attorney Cesar Gavidia

JK, If your policy is governed by ERISA you may not be able to for two reasons (1) if Guardian only provides one level of review then you could be barred, and (2) ERISA allows 180 days to submit an appeal, which can be limited to a lesser amount in the event of a voluntary appeal. It certainly does not hurt to contact them, but there stands a likely chance it will not change their decision.