Sage Datko  |  December 17, 2019

Category: Insurance

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close up of broken arm man filling out disability insurance form on clipboardLong-term disability insurance is a type of insurance meant to protect people in the event that they become so injured or disabled that they are unable to work for a significant period of time.

Long-term disability insurance generally pays out around 50 or 60 percent of the person’s usual income during the time period that they are unable to work. However, many long-term disability claims are denied on the first application.

What Happens if My Claim is Denied?

If your claim for long-term disability benefits is denied, you will be able to appeal this decision. All long-term disability policies give applicants at least one, and often two, chances to appeal denials. Many disability claims that are initially denied may be approved on the first or second appeal, as these appeals are often handled by different claims examiners who may have different opinions on the case.

If your application is denied, a denial letter will be sent to you, explaining why your claim was denied. Claims are often denied due to a lack of documentation or other proof of disability. This letter should also detail what your options are, and how to file an appeal again if you wish to do so. It will also alert you to the deadlines and requirements associated with disability benefits appeals.

Under federal law, applicants must be given at least 60 days to file their appeal, but some policies may give applicants more time.

If your long-term disability benefits claim has been denied by an insurance company including Aetna, Cigna, Liberty Mutual, Met Life, Prudential, Sun Life, The Hartford, The Standard, or Unum, you may be eligible to hire an attorney to assist you in your benefits appeal. This is especially the case if your claim was wrongfully denied.

How Do I File an Appeal for Disability?

Filing an appeal for Unum disability insurance benefits or benefits through another insurance agency may be a long and complicated process. After you receive a denial letter, you may want to request your claim file from your insurer and obtain a copy of your insurance plan. After reviewing your claim file, you may have a better idea of what documentation it is missing and what you should add to your appeals.

Most long-term disability policies provided by employers are governed by a federal law called the Employee Retirement Income Security Act (ERISA). Under ERISA, disability benefits cases that end up in federal court are prohibited from submitting new evidence. This means that only evidence and documentation that was previously submitted during your application and appeals may be considered if you file a lawsuit against your insurance agency.

Due to ERISA, it is very important that you send in as much documentation and evidence to support your disability claims as possible to your insurance agency during your appeals.

What Types of Documentation Should I Include in My Appeal?

Types of documentation that may aid you in your Unum disability appeal include all relevant medical records, physician notes, surgical reports, radiology reports, and emergency room records. Having a doctor write a letter detailing your limitations and the scope of your disability may also prove to be helpful.

How Can A Disability Benefits Attorney Help?

Appealing a long-term disability benefits claim denial may be a long and confusing process. Having an experienced attorney on your side may improve your chances of having your Unum disability claim or other claim approved. An experienced attorney can evaluate your claim, help you through the claims process, make sure your deadlines are met, and make sure that your benefits are correctly calculated.

Get Help With Your Long Term Disability Insurance Appeal

If an insurance company denied your long-term disability insurance claim within the past 180 days, a knowledgeable insurance attorney can help you appeal.

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