Long-Term Disability Denials and Appeals

How will a federal judge make a decision about an ERISA lawsuit? There are two standards of review in ERISA cases: (1) the de novo review standard and (2) the arbitrary and capricious standard (also called the “abuse of discretion” standard). The judge will determine which standard applies to your claim based on the language …

Today, I want to talk to you about what to do after you receive your final long-term disability denial letter from the insurance company. When I say final, what that means is when you file for long-term disability benefits, if you’re denied, you usually have a right to at least one, if not two, appeals. …

Insurance companies often use “boilerplate” language when denying a long-term disability claim. Boilerplate language refers to a long-term disability denial letter that uses standard, pre-written language or a generic explanation rather than a detailed explanation specific to the individual’s claim. Boilerplate denials are often …

When applying for long-term disability (LTD) insurance benefits, you must know that disability insurance companies deny many claims. Even if your disability insurance claim is initially approved, you need to know that your insurance company can terminate or cut off your benefits. If the insurance company decides you are no longer disabled, they can …

Facing a Long-Term Disability Denial? Here’s How to Fight Back If your long-term disability (LTD) benefits have been denied, you’re not alone and you don’t have to face the appeal process by yourself. Insurance companies deny legitimate claims all the time, but you have the right to appeal and fight for the benefits you deserve. …

Many people on long-term disability worry about whether they will continue to receive benefits beyond the two-year mark, and for a good reason: Long-term disability denials are common after two years because most disability insurance policies change the definition of disability or will no longer pay benefits for certain conditions after benefits …

When most people file a long-term disability appeal, it is a really basic, one or two-paragraph appeal letter that says, “Look, long-term disability insurance company. I really think you got this one wrong. I think there is more than enough evidence to support my long-term disability claim. I want you to go back, take another …

If your disability insurance company has denied or terminated your long-term disability claim, you should review your insurance policy to familiarize yourself with your appeal rights and requirements. Specifically, you should determine how many appeals you have the right to or are required to file before you can file a lawsuit against your insurer. …

You should not give up if the insurance company denies or terminates your claim for long-term disability (LTD) benefits.  Most employees have disability insurance coverage through a group plan with a private-sector employer. If your employer is large enough, or if you obtained your policy through an employee organization or union, then ERISA rules …

Creating a “Day In The Life Of” video to submit with your long-term disability appeal can be crucial to the success of your claim. Documenting your challenges and limitations on video can effectively convey the reality of your situation to the disability insurance claims adjuster. What is a Day in the Life of Video? A video …

If your long-term disability claim has hit a roadblock with a denial, you’re not alone in your struggle. Many individuals find themselves in a similar situation, unsure of what to do next. However, by being proactive and informed, you can work towards overturning the denial and obtaining the financial support you need during this challenging …

A technical denial of a disability claim occurs when you are denied based on a non-medical reason. If your claim has been denied for a technical reason, there is still time to seek an attorney specializing in long-term disability law. We have successfully represented claimants in disability cases across the United States.

If you have applied for long-term disability benefits, you may experience a denial. When you receive notice from the insurance company that your claim has been denied, the clock starts ticking down for you to file an appeal. If you miss a deadline, you could forfeit your right to appeal the decision and not be …

If you’re denied long-term disability insurance benefits by the insurance company, you may be eligible to appeal your long-term disability case to federal court. Litigation involves taking legal action or filing a lawsuit to protect your legal rights. Unlike an individual disability policy that is governed by state …

If your long-term disability (LTD) claim is denied, it’s natural to feel frustrated and overwhelmed. However, a denial isn’t the end of the road. You can appeal a long-term disability denial, and many claimants successfully reverse denials through the appeals process. Appealing a denial of a long-term disability claim for benefits under …

If your long-term disability (LTD) benefits claim has been denied or terminated, the next step is to submit an administrative appeal. These advanced strategies for LTD appeals can be expensive and are not used in every case, but can be highly effective in select cases. First of all, you might order your own testing to …

Some long-term disability claims go to the US Circuit Courts of Appeals. The United States Courts of Appeals (or circuit courts) are the intermediate appellate courts of the United States federal court system. That means they are the level between federal district courts and the United States Supreme Court. A court of appeals decides appeals …

Some long-term disability claims are appealed to a United States District Court. If the court upholds the LTD denial, the next step is to appeal the claim to the United States Court of Appeals. For claimants in Florida, Alabama, and Georgia, these appeals go to the Eleventh Circuit. In this article, we discuss the Eleventh Circuit Court’s …