Has your claim been denied in the last 90 days?
Disability Insurance Claims
If your ERISA disability claim has been denied, you must file a request for an administrative appeal to preserve your rights. However, do not rush. You have 180 days from the receipt of the denial letter to request an appeal. Though it is very important to submit an appeal, it is just as important to submit the correct information with your appeal. For more information on the steps to handle the appeal, click here.
If 180 days has already passed since the denial of your appeal, it still may not be too late to pursue your claim. Call an ERISA attorney immediately.
If you have requested an appeal and your appeal has been denied you may have rights to further appeals.
If you have exhausted the appeal process, then the next step would be to file a lawsuit in Federal Court. You cannot file a lawsuit unless you have gone through the mandatory first level of appeal. The statute of limitations for filing a lawsuit varies from state to state; however, there are contractual time limitations in most policies which may reduce this time frame substantially.
Life Insurance and Accidental Death Claims
If your claim for benefits under a life insurance policy or accidental death policy has been denied, you must file an appeal of that denial to preserve your rights. An appeal must be filed within 60 days after receipt of the denial. In all other respects the process for presenting your claim would be the same as a disability claim discussed above.
Do You Need an Attorney? Call For a Free Consultation.
We at Stennett & Casino highly recommend that you contact an attorney if your claim has been denied. The procedural and substantive pitfalls in ERISA cases are too substantial for a lay person to navigate. At the Law Offices of Stennett & Casino we will review your denial letter and up to 5 additional pages of summaries or documents you provide for no fee. If you wish more detailed analysis we have additional options available.