Long Term Disability Claim Appeals

Under ERISA

If your long term disability claim is denied, or if you have received a letter terminating your existing benefits, in many cases you can file a successful appeal.

Not only does the appeal give you a chance to overturn the decision, but it is also a required step in order to preserve your right to file a lawsuit at a later date.

The appeal must be filed in accordance with the procedures and deadlines specified in your disability plan. If you don’t have your policy documents by now, you must obtain them quickly from the plan administrator.

The most important thing to keep in mind is your deadline, because you are usually limited to a two or three-month time period. You have to use this time very effectively.

The appeal stage is your last opportunity to make the administrative record as complete as possible. (This record is the legal term for all the evidence submitted to the insurance company.) Once the appeal process is complete, the record is “set in stone.” Should you later file a lawsuit against your plan, the judge will only look at the existing administrative record. If you have not submitted enough supporting evidence, or the right type of evidence, you could lose your case regardless of how sick or disabled you may be.

For answers to other questions regarding ERISA please see our page ERISA Frequently Asked Questions. Also please feel free to contact our law office by telephone or email.  You can raise your odds of prevailing by working with a skilled attorney like those lawyers with Bemis, Roach & Reed.  Our law firm’s office is located in Austin, Texas and we represent individuals throughout the State of Texas, including San Antonio, Houston, Dallas, Fort Worth, El Paso, Galveston and Corpus Christi. We also have a nationwide long term disability and social security disability practice.