The Appeal Timeline: How Long You Have to Challenge a Disability Insurance Denial  

When a disability insurance claim is denied, time is not on your side. Every disability insurance policy and governing law outlines specific deadlines for filing an appeal, and missing those deadlines can permanently prevent you from challenging the decision.

The rules vary depending on whether your claim is covered by a private policy or by an employer-sponsored plan subject to the Employee Retirement Income Security Act (ERISA). In both situations, knowing and following the appeal timeline is critical to protecting your rights.

ERISA Disability Appeals and Their Strict Deadlines

If your disability insurance is provided through your employer, it is most likely governed by ERISA. Under ERISA, insurers are generally required to give you at least 180 days from the date you receive the denial letter to submit your appeal.

While this may seem like plenty of time, building a strong appeal often requires gathering medical records, obtaining additional physician statements, reviewing claim file documents, and addressing every reason for denial listed by the insurance company.

Waiting until the last minute can leave you without the evidence you need to overturn the decision.

Deadlines for Private Disability Insurance Policies

Private disability insurance policies, which are purchased directly from an insurance company rather than through an employer, are not subject to ERISA. Instead, the deadlines are determined by the terms of your specific policy and applicable state laws.

In some cases, you may have as little as 30 or 60 days to file an appeal. Because these deadlines can be significantly shorter than those under ERISA, it is essential to review your policy immediately after receiving a denial to determine the exact time limits that apply to your case.

Why Starting Early Improves Your Chances of Success

Regardless of whether ERISA governs your policy or is a private plan, starting your appeal as soon as possible is one of the most effective ways to improve your chances of success. Appeals require more than simply sending a letter disagreeing with the decision. They often involve compiling substantial medical evidence, expert opinions, vocational assessments, and other documentation that directly addresses the insurer’s reasons for denial.

Starting early also allows time to request your claim file from the insurer, which contains essential details about how the decision was made and what evidence was considered.

How Disability Insurance Law Group Helps Clients Nationwide

Disability Insurance Law Group represents clients across the United States in appealing disability insurance denials. Our attorneys are experienced in both ERISA and private policy appeals and understand how to navigate each system’s unique rules and deadlines. We work quickly to secure and review your claim file, identify the evidence needed to strengthen your case, and prepare a comprehensive appeal that addresses every issue raised by the insurer.

Contact Disability Insurance Law Group at 954-989-9000 or online today. Our nationwide legal team is ready to review your denial, explain your appeal rights, and fight to secure the benefits you deserve.