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If ERISA applies to your long term disability claim, you have the right to request and review your claim file in the event of a denial. This is a critical right to exercise before filing your ERISA long term disability appeal. Having the claim file will give you valuable insight as to why your insurer denied your claim.
You must strategize to win your long term disability appeal under ERISA. One misstep is all it takes to result in a final denial necessitating litigation. These five steps will help you plan to win your long term disability appeal.
Here are five do's and don'ts that will help you win your long term disability appeal.
When you are appealing a denial of benefits the overall challenge is that you need to convince the same private disability insurance company who denied your claim to reverse itself. Not only is it difficult to convince anyone to admit that they were wrong, but here we need to convince an insurer to admit it was wrong when it has a financial incentive not to pay you.
You’ve applied for Long Term Disability benefits and your claim was denied, or your LTD claim was initially approved, but the insurer terminated your benefits after a certain number of months or years. What is your next step? As annoyed as you may be, you unfortunately cannot just sue the insurance company. The federal law known as ERISA requires that you first appeal the insurer’s adverse determination.
At Riemer Hess, our disability insurance attorneys know what is necessary for a successful appeal. We prepare appeals as if they were cases in court. We have found that if you submit a comprehensive appeal, you show the insurer you are serious and have a better chance to win. We are aggressive in our appeal approach, and will help you obtain the proof you need to counteract the private disability insurance company’s reasons for the denial and to prove you are unable to work in your own or any occupation.
Riemer Hess LLC, is a firm of ERISA and long term disability attorneys headquartered in New York City. For over 30 years, we have built a thriving practice and national reputation based on our unwavering commitment to protecting and fighting for people with disabilities. We have obtained hundreds of millions of dollars in benefits, settlements, and judgments.
Riemer Hess LLC
275 Madison Avenue
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New York, New York 10016
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