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Let An Insurance Lawyer Help You Navigate The Complexities Of ERISA

Unfortunately, ERISA is a very complicated statute, and there are many technicalities that can prevent a policyholder from ever having a chance to correct an erroneous denial of benefits. Once an ERISA long-term disability insurance claim is denied, there is always an appeal available to seek reconsideration.

These appeals rarely result in the payment of a claim but are critical in the event a lawsuit is necessary in order to obtain benefits. It is important to consult an ERISA long-term disability insurance attorney to assist in handling an appeal.

What You Should Know About ERISA

If you choose to handle an appeal on your own, here are a few suggestions you may wish to consider:

  • Ordinarily, you must appeal if you are given the right to do so. Failure to appeal in many circumstances will mean that you can never sue the insurance company.
  • Ask for your entire file from the insurance company. You have an absolute right to have a copy sent to you at no charge.
  • Ask for a complete copy of the insurance policy.
  • Ask for any procedures or guidelines that were applicable to your long-term disability insurance claim.
  • Take the time deadlines seriously. Failure to comply with time guidelines may result in a complete waiver of the right to appeal.
  • Make a thorough case in your appeal. Send the insurance company strong supporting letters from the appropriate doctors and/or witnesses and any applicable articles or other information supporting your claim. If you don't submit these in your appeal, you may never be able to use this type of evidence in the event of a lawsuit.
  • If you are able to sue the insurance company, in some circumstances, the only evidence the court may be permitted to look at is the information that you and others send to the insurance company during your appeal. Therefore, be sure to send all pertinent and supporting information.
  • It is unlikely that the state Department of Insurance will be able to give you any significant help.
  • Obtain a copy of the U.S. Department of Labor Regulations.

Contact An Experienced California Insurance Lawyer Today

To speak to a lawyer about your ERISA long-term disability claim, please call our office at 415-655-1549 or send us an email to Pillsbury & Coleman, LLP in San Francisco today. We help disabled clients throughout California obtain the disability benefits they are entitled to receive.