What is a REMAND in an ERISA Disability Insurance Lawsuit?

The ability for a Judge to remand, or “send a claim back” to an disability insurance company for further review is another unique characteristic of an ERISA based disability insurance lawsuit. In turn, the Court has three options in ruling on a case: 1) award benefits to the plaintiff, 2) agree with the insurance company denial or 3) remand the case back to the insurance company for further review. It is very important to note that just because a Judge might remand a case back to an insurance company for further review of documentation in the claim file, this in no way guarantees that the insurance company won’t continue to deny a claim. If an insurance company denies the claim after a remand ruling, then the claimant is usually required to file another appeal within 180 days of the denial. A remand is a horrible judicial ruling that further delays the payment of disability benefits and gives the insurance company another chance to deny benefits. A remand can sometimes be a good thing for a claimant as it reopens the administrative record and allows the claimant to submit additional evidence which the insurance company must consider.

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There are 4 comments

  • Tommy, it depends on the order and decision issued by the court. You refer to the judge’s order and consult with the attorney representing you with your case for more information.

    Cesar GavidiaAug 22, 2019  #4

  • If a judge remands a case back for a fair and full review by the claims administrator; how many days should it take to commence that review after the judge’s decision date? It has been 2+ years since filing of my initial claim that was denied. If the claim is now approved, would I be entitled to full back benefits from the date of disability to the date of the judge’s decision or the date the claim is approved?

    TommyAug 22, 2019  #3

  • Martha,

    You will have to contact the SSA and a SSDI attorney to determine your rights.

    Stephen JessupAug 16, 2013  #2

  • I have a question: I don’t know how to fight a disability case. First of all, it’s not me who filed or received any money. The social security number used is the same as mine but I have no idea who filed and received money on it. I went to court and thought with me being incarcerated the time this claim was filed would be enough to prove it was not me who filed the claim. But they determined that I still have to pay them back because I should have went and filed a police report and other nonsense excuses. I explained the name on the claim is not even spelled the same as the way I spell my own name. But they are idiots and want me to pay. Is there anything I can do now?

    MarthaAug 15, 2013  #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.

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I am a medical oncologist with the diagnosis of Parkinson disease for last 6 years. My disease was slowly progressing over the years, up to the point it start to affect my daily work responsibilities. I handed my case to Attorneys Dell & Schaefer. Mr. Jessup was my lawyer who took care of my case. He did an excellent job taking care of every step in the process of approving my long term disability claim with Prudential insurance company.

Based on my experience with Mr. Jessup office, I highly recommend anyone who needs help with their claim for short/long term disability to contact his office. They will do superb job taking care of all the necessary steps. Attorneys Dell & Schaefer firm are very professional. They know how to deal with the insurance company and disability issues. The team is available any time to answer questions, I cannot thank them enough for what they did for me.

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