• What should you do when the disability insurance company does not respond to your ERISA Appeal?What should you do when the disability insurance company does not respond to your ERISA Appeal?

What are my options if the disability insurance company does not respond to my ERISA appeal within 45 days?

Disability attorney Stephen Jessup discusses what options a claimant has if their disability insurance company does not respond to their ERISA appeal within 45 days.

If you don’t have a decision back on your appeal within the 45 days, there’s a golden opportunity on day 46 to file a lawsuit. In doing so, you put your claim in a light most favorable for you; it gives a standard review to the judge where the judge is going to determine, in his opinion, whether or not he thinks you’re disabled, rather than giving discretion to the insurance company to see if they acted reasonably in denying your claim. So if you don’t already have an attorney who has filed your appeal for you, it’s in your best interest to get an attorney to be prepared to file a lawsuit on your behalf on day 46.

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There are 2 comments

  • Tyrone,

    Unfortunately, we would have no idea as to the veracity of the statement as it is dependent upon the medical information they are reviewing and how long it took for them to receive all information needed to render a claims decision.

    Stephen JessupOct 22, 2015  #2

  • It’s day 46 I called the LTD company and was told that, “the nurse was still reviewing my claim and she would give me a call this week when she finished reviewing my claim.” My question is, is this statement true or are they stalling for time?

    Tyrone H.Oct 21, 2015  #1

FAQ

Do you work in my state?

Yes. We are a national disability insurance law firm that is available to represent you regardless of where you live in the United States. We have partner lawyers in every state and we have filed lawsuits in most federal courts nationwide. Our disability lawyers represent disability claimants at all stages of a claim for disability insurance benefits. There is nothing that our lawyers have not seen in the disability insurance world.

What are your fees?

Since we represent disability insurance claimants at different stages of a disability insurance claim we offer a variety of different fee options. We understand that claimants living on disability insurance benefits have a limited source of income; therefore we always try to work with the claimant to make our attorney fees as affordable as possible.

The three available fee options are a contingency fee agreement (no attorney fee or cost unless we make a recovery), hourly fee or fixed flat rate.

In every case we provide each client with a written fee agreement detailing the terms and conditions. We always offer a free initial phone consultation and we appreciate the opportunity to work with you in obtaining payment of your disability insurance benefits.

Do I have to come to your office to work with your law firm?

No. For purposes of efficiency and to reduce expenses for our clients we have found that 99% of our clients prefer to communicate via telephone, e-mail, fax, GoToMeeting.com sessions, or Skype. If you prefer an initial in-person meeting please let us know. A disability company will never require you to come to their office and similarly we are set up so that we handle your entire claim without the need for you to come to our office.

How can I contact you?

When you call us during normal business hours you will immediately speak with a disability attorney. We can be reached at 800-682-8331 or by email. Lawyer and staff must return all client calls same day. Client emails are usually replied to within the same business day and seem to be the preferred and most efficient method of communication for most clients.

Reviews   *****

Karen F. (New York)

I applied for and was denied my LTD insurance a little over two years ago. I was distraught, I had no idea they could just refuse you. My Social Security disability lawyer gave me Dell & Schaefer’s name and phone number. I called the next day, and they immediately called me back and set up an appointment the next day, for me to speak to Alex Palamara on the phone. They are located in Florida.

He was extremely empathetic and friendly. He took all of my information and he and Danielle Lauria, who works with the lawyers, prepared a statement to the insurance carrier. They also send me copies of everything that they send out. They sent a very professional and informative letter explaining why I should not be denied the insurance. The insurance company immediately decided to pay me the insurance that I signed up for.

I have always received quick information and phone calls, whenever I request assistance. They did have to do another appeal for me, recently. It was very involved, but written up extremely well. I was offered a settlement, and they were even able to get the in Insurance company to increase it for me. I would recommend Mr. Palamara and this law firm to anyone who has a problem with their LTD insurance. I don’t have a single complaint about the way I was treated. I’m extremely thankful for their help over the last few years.

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