Appealing an Individual Disability Insurance Benefit Denial
Most disability insurance cases involve complicated medical, vocational and legal issues. Because insurance companies have ample resources, they often retain physicians, medical experts and vocational experts to support their denial of benefits. Unfortunately, most claimants lack the resources or are unaware of how to gather the information necessary to challenge the insurance company.
If your disability policy is an individual policy and not governed by the Employee Retirement Income Security Act, then you may have the right to bring a civil lawsuit and may not be obligated to first file an appeal with the insurance company. However, before proceeding, it may be wise to consult with an attorney to fully understand the policy’s procedures on internal appeals and make sure the steps that you have contractually agreed to have been performed.
Why Should I File an Appeal If I Do Not Have To?
In many instances, it is wise to file an appeal, i.e., a written response to the insurance company’s denial of benefits, before proceeding with a lawsuit. In addition to procuring benefits more quickly (a lawsuit may take anywhere from one to two years), preparing an appeal will make sure the claim is litigation-ready if the filing of a lawsuit is necessary. Because insurance companies utilize attorneys with extensive knowledge about the legal issues relevant to disability insurance claims and the litigation process, a pre-litigation appeal allows the insured to make sure his/her claim is litigation ready, should the insurance company uphold its denial. Finally, some policies do require arbitration or further review steps prior to the commencement of a civil action.
The attorneys at Disability Insurance Law Group prepare each appeal as if it is going to trial. Because of our experience in preparing these appeals and litigating these claims, we understand what information is needed to prepare an effective appeal and the complicated legal issues that must be considered. We work closely with our clients’ treating physicians in an effort to make sure the insurance company is provided with evidence and a thorough explanation of our clients’ medical condition, restrictions and limitations. Additionally, we will not hesitate to employ the vocational and medical experts necessary to support our insureds’ claims for benefits.
If a lawsuit is unavoidable, the Disability Insurance Law Group‘s lawyers will not hesitate to aggressively advocate on our clients’ behalf at trial.
Do Not Accept a Denial Without a Fight — Contact Our Firm Today
You can fight a disability insurance denial, with our firm’s help. To learn more, call the Disability Insurance Law Group at 866-363-3628 or email us. We handle cases nationwide and our attorneys would be happy to provide you with a free initial consultation.