Skip to content

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

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.

There are 2 opinions so far. Add your comment below.

Tyrone H.:

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?

Attorney Stephen Jessup:

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.

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Your email address will not be published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.



A National Disability Insurance Law Firm Since 1979

  • Call 800-682-8331