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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.

There are 4 opinions so far. Add your comment below.

Martha:

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?

Attorney Stephen Jessup:

Martha,

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

Tommy:

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?

Attorney Cesar Gavidia:

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.

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