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.

Comments (4)

  • 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 Gavidia Aug 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?

    Tommy Aug 22, 2019  #3

  • Martha,

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

    Stephen Jessup Aug 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?

    Martha Aug 15, 2013  #1

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Dennis W. (Florida)

If it weren’t for Attorney Rachel Alters, I would have probably been living on the streets, living in a cardboard box, or maybe not even be here today. I was denied numerous times by my own Short Term and Long Term Insurance Company that I had paid years of premiums to. I figured that since it was my Insurance Company that I wouldn’t have any problems with submitting a claim and getting it approved. Was I wrong… Then the claims adjusters started playing head games with me each time I contact them or mailed them any additional information. Nothing seemed to matter. Eventually I would always get a rejection/denial letter in the mail. I was so irritated and frustrated as I also had to deal with my illness and go without any income for almost 2 years.

I even researched and contacted numerous local lawyers. They would either state that they wouldn’t take the case, take the case and either do nothing with the file or at a later date contact me to inform that they didn’t practice in that particular area. This included all the Attorneys and Firms that you see advertising on the television, including the Large Law Firms. Theses firms actually didn’t have the expertise nor the experience in the area of Traumatic Brain Injury, as it was a fairly new unknown area. This was prior to the publicizing of Traumatic Brain Injuries regarding NFL Football Players committing suicide (retired or ex-football players) as well as Professional Boxers. Now all of the sudden those same Attorneys and Large Law Firms are advertising for cases with Traumatic Brain Injuries and Insurance Disability Claims like they dealt with them in the past, which is definitely not the case.

I was stuck between a rock and a hard place. So I went researching on the internet and found Dell & Schaefer and watched their videos and so on. I contacted their company and was given an appointment with Attorney, Rachel Alters. She went to bat for me. Fought the Giant (Insurance Company) and won, whereas all these other Attorneys and Large Firms wouldn’t even touch my case. Attorney, Rachel Alters was even willing the take the case to court. She went to battle against a Large Insurance Company and won without going to court!

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