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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:


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.

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