How Do You Fight Long Term Disability Denial?

Applying for disability benefits may be necessary after you’ve developed a medical condition or been injured on the job in such a way that you’re unable to return to work. Getting a disability denial can be a shock for someone who has a legitimate condition.

What Options Do I Have After a Disability Denial?

All hope is not lost if you’ve been notified that your disability application has been denied. While many applicants may feel frustrated and defeated at this stage and may want to give up, that doesn’t have to be the case for you.

To fight long term disability denial, the first step is getting organized and preparing for a potentially lengthy process. The denial letter will include important details about deadlines for appeals and what information is needed to submit the appeal.

What Are ERISA Rights?

The Employee Retirement Income Security Act (ERISA) is the law that governs disability policies. This law protects your legal right to appeal a denial of disability benefits. Once you file a claim, most insurance carriers have a maximum of 45 days from the date of your application to respond.

If your disability benefits are denied, you usually have up to 180 days to start an administrative appeal. It’s recommended that you begin the appeal as soon as possible so that it will get in the pipeline to undergo a review.

What Should I Submit With my Appeal?

Read all paperwork from your disability carrier carefully — it contains important information about how to respond to the appeal should you choose to do so. This documentation will explain the insurance carrier’s reason for denying your claim, a critical piece of information needed to fight long term disability denial.

When preparing to fight long term disability denial, consider every reason listed in the denial letter and address each with vocational, financial, and medical evidence from your own records. Details matter in this appeal and your chance to continue fighting beyond this appeal depends on how comprehensively you address the concerns stated in the denial letter.

Your appeal should include a sworn personal statement from you as well as relevant medical records, related correspondence, employment records, and statements from witnesses.

Should I Use an Attorney to Appeal?

The road to fight long term disability denial can be a long one, especially if your disability is so severe that it impacts your daily life. While it may seem obvious to you that your claim was wrongfully denied, a lawyer can reduce the stress of this process by gathering and submitting evidence on your behalf.

Knowing the common pitfalls experienced by other appeal applicants, and how best to avoid them, can increase your chances of having your denial reversed on appeal. Rushing the appeal without the assistance of a qualified disability attorney could jeopardize your chances of being approved for disability benefits and leave you with limited resources for additional review.

If you think your claim has been wrongfully denied, talking to an attorney can help you get a better understandsing of what to expect during the appellate process.