Question

How many extensions is Prudential allowed to request before they make a decision?

Asked on November 3rd 2014 by Iiirina
My question is: How many extensions are they allowed to request before they make a decision? I have an LTD policy with 30 day exclusion; I have applied for disability in June of 2014, and they still haven’t made a decision. Every time I call, I ask them what I can do to help. They say the need records but they never requested them. So I call the physician’s office and request them the records. Then I call again, and again and never receive any callbacks. Then when I finally get through several weeks later, the answer is always the same – we need more records. I’m completely broke, my health is deteriorating due to the stress of this all, and at this point I’d rather have them deny me and appeal then deal with anymore of this uncertainty because I don’t know how to plan financially. I have ME/CFS and meet disability criteria based on my labs per CDC/SSA guidelines. I’m a physician myself and I know for a fact that all the information that they need is already there. Are they allowed to continue to play this game indefinitely?

Answer

Answered on November 4th 2014 by Attorney Stephen Jessup

Iiirina, If your policy is governed by ERISA, Prudential would have 45 days to render a decision on your claim with the possibility of a 45 day extension. If there was outstanding information required to complete a review then the timeframes could be tolled. That being said, an exorbitant amount of time has passed – please feel free to contact our office to discuss in greater detail.