Long Term Disability Denial
If your insurance company denied you initial claim for long-term disability (LTD) benefits, don’t give up. There are two administrative appeals available. Many people do get LTD benefits after the appeals process. The odds of an approved claim goes up when you consult with a complex litigation attorney like those found at The Michael Brady Lynch Firm.
If your employer provides your LTD plan, federal law requires an appeal to be made before a lawsuit is filed. It is still a good idea to appeal even if an individual plan.
The best way to tackle this is to read the denial letter completely. It will address any reason as to why the claim was denied. The exact reason will dictate how to appeal. For example, if denied due to missing objective documentation, submitting additional tests like an x-rays or MRIs could help.
Also, pay attention to deadlines. A missed deadline or improperly filed appeal can provide an easy excuse for the insurance company to deny your claim. Federal law states that the insurer gives you 60 days to file an appeal. Also as part of federal law, the insurance company is required to provide you a free copy of your claim file.
After A LTD Appeal
LTD claims are part of a federal law known as ERISA, the Employee Retirement Income Security Act. Under ERISA, after appeals are exhausted you can file a lawsuit against the insurance company. During the suit, the judge can only consider evidence in the claim file. This is why it is critical to get help with a complex litigation attorney to provide as much favorable evidence as possible. This includes relevant medical records, physician notes, radiology and surgical reports and emergency room records.
Also, any opinions from your doctor on physical or mental limitations will help your case. This isn’t just if you are disabled or not. This is how your condition impairs your daily activities. Additionally, get statements from friends and family. Their first-hand observations help.
Premier Complex Litigation Attorneys
The Michael Brady Lynch Firm has successfully represented thousands of consumers and recovered millions of dollars for their clients. Our team of attorneys has been recognized as some of the most experienced and successful in the country. Our award-winning staff is also sought after for our knowledge on complex litigation, scientific evidence development, negotiation strategies and trial tactics.
Most of all, our law office is resourceful and dedicated to pursuing any compensation you are due. Because of this, we have received a high degree of peer recognition and professional achievement, such as inclusion on numerous Plaintiff Steering Committees. We will take whatever legal measures are necessary when fighting for your rights to damages.
If you have been injured or are prevented from working due to a physical or mental disability, it is important that you understand the LTD benefits you are entitled to. Our staff takes great care to offer the personalized and informative advice you need to understand your specific plan and the process of obtaining your benefits. Our attorneys have represented many clients in the past with complex cases. We will work tirelessly to obtain results on your behalf.