For those who are readers of iPain Living Magazine we covered what ERISA law is and why it is evil in the Fall 2019 edition article ERISA Is Evil; The current state of the Employee Retirement Income Security Act of 1974 and How It Effects Long-term Disability Claims by Lawyer Andrew Kantor; Kantor & Kantor. This is part 4 of 4. Check out blog post for part 2 on Ready To File and part 3 Once You File?
Denied?
If your claim is denied, the first thing to do is request a complete copy of your claim file from the insurer, and a copy of all relevant employee plan documents from your employer. This will include the LTD, life insurance, and health insurance plans.
Once you obtain these documents, reach out to an ERISA attorney in your area who provides free consultations. In an ERISA benefit dispute, the evidentiary record closes after the insurer denies the final appeal. Thus, your last chance to submit evidence is during the appeal process, and having an experienced attorney may be the difference between submitting or not submitting the key evidence in your case.
Whatever you do, do not miss the deadline set forth in the denial letter to submit a written appeal, and do not forget to submit that appeal in writing. If you fail to submit a timely appeal, you will likely be barred from bringing a lawsuit against your insurer.
