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The ERISA Long Term Disability Claim and Appeals Process

  • File a claim with your company-provided long term disability insurance.
    • The disability insurance provider will investigate your claim.
    • If your claim is denied, the provider must issue you a notification with explanation of the basis of their denial.
  • Appeal Adverse Decision
    • If your claim is denied, you must file an Administrative Appeal. You should strongly consider contacting an experienced ERISA attorney to assist you in the appeal process.
    • Submit a claim appeal in writing. This must be done within a specific time-frame or you risk permanently losing the chance to appeal!
    • The appeal process is your final opportunity to add pertinent information to the claim record. This is significant in the event that the appeal is denied and you need to file a lawsuit. Your attorney can provide much needed guidance to you as to additional medical information that might strengthen the appeal, and future suit, should a lawsuit become necessary. You do not want to risk entering a lawsuit with an incomplete or weak claim record, which would severely decrease your chances of being awarded the disability compensation you deserve.
  • File a Lawsuit in Federal Court
    • You can only take this step once you have gone through the entire appeals process.
    • A Federal Judge will typically determine whether the ERISA plan’s decision was arbitrary and capricious.
  • A District Court decision can be appealed to the United States Circuit Court. Once the court rules, the losing party can elect to appeal in select circumstances.
Qualifying Incident
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File a claim with disability insurance provider
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Claim Awarded
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Claim Denied
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Find a qualified and experienced ERISA Attorney
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File a claim appeal with disability insurance provider
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Claim Appeal Awarded
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Claim Appeal Denied
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File a law suit in Federal District Court
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Suit Won
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Claim Awarded
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Unfavorable finding in Federal District Court
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File an appeal with the United State Court of Appeals

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You do not want to go through this process without an experienced and successful ERISA attorney at your side.

 

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Bemis, Roach & Reed has helped clients who are disabled from a wide variety of medical conditions. If you are unable to work due to any of the following conditions and have been denied disability benefits, contact us. We would like to help.

Long Term Disability Lawyers

Bemis, Roach & Reed
We have the Knowledge, We have the Experience, We have the Answers.
We can help you with your Disability Case.
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At Bemis, Roach and Reed, if we can't help you, we will try to find the right attorneys for you.
We offer each of our prospective clients a free no obligation one hour phone or office consultation to see if we can help you and if you are comfortable with us. We know how difficult a time like this can be and how hard the decisions are. If we can be of assistance to you and help you find a solution to your issue we will even if that means referring you to another attorney.

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