If my disability insurance claim has been denied do I have to file an Appeal before I can file a lawsuit?
Disability attorney Stephen Jessup discusses whether you have to file an appeal prior to filing a lawsuit once your disability claim has been denied.
If your policy is a private policy or one that you purchased on your own, you do not have to file an appeal before bringing lawsuit. However, if your policy is governed by ERISA, you do have to exhaust administrative remedies before filing the lawsuit, so you do have to file your appeal. Just as a word of caution, there have been cases and instances where people thought it would be pointless to file their appeal, so they just brought lawsuit immediately and their cases were thrown out of court because they didn’t exhaust that administrative appeal.