Was your long term disability claim recently denied? If so, you are not necessarily out of luck and you are certainly not alone. You have the right to file an appeal.
Whether your long term disability claim is governed by the Employee Retirement Income Security Act (ERISA) or you purchased insurance on the individual market, you need to avoid making a mistake that could undermine your ability to receive your full and fair benefits.
Here, our top-rated Chicago ERISA litigation lawyers provide an overview of the top four mistakes that you need to avoid when appealing an adverse long term disability decision.
First and foremost, it is crucial that you follow all of the deadlines set out by your insurance plan. In fact, the single biggest disability claims mistake is missing a deadline. This could even be a fatal mistake — your appeal could be dismissed as a matter of law. Do not miss deadlines. Be sure you get your best evidence in the file and you get your documents in on time.
In most long term disability cases, the most important evidence will be your medical records. Far too many applicants fail to get their full and fair long term disability benefits because they never get comprehensive medical evidence in front of the insurance company.
Your written denial letter should explain why your long term disability claim was denied. However, these letters are often too vague to be truly useful in appealing a claim. Want to know how to address your insurance company’s objections to your claim? Order a copy of the insurance file. Your Chicago long term disability lawyer can get you this file and can review it to help you put together a strong, persuasive appeal.
There is no reason to go through the long term disability claims appeals process alone. As soon as you receive a disability denial from your insurance company, you should get in touch with an experienced long term disability attorney. Your attorney will be able to ensure that you avoid making critical mistakes.
At the Law Offices of Michael Bartolic, our Chicago ERISA lawyers have deep experience handling long term disability claims. If your disability claim was delayed, underpaid, or denied, we can help. For a free, fully confidential review of your long term disability claim, please contact our Chicago law office at (312) 635-1600.