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Did you recently file an ERISA disability claim in Alameda, only to have the insurer unexpectedly refuse to pay you benefits? If so, you need to keep fighting for what is rightfully yours. Unfortunately, all too often, the big insurance companies, even those that are regulated by ERISA, deny wholly legitimate disability claims.
At Kantor & Kantor LLP, our Alameda ERISA disability attorneys are dedicated to representing individuals who have had their disability rights infringed upon. Our team will review your case for free, and help you understand and assess your legal options.
The Employee Retirement Income Security Act of 1974 (ERISA) strictly regulates how disability claims are to be processed for all qualifying group plans. If you are filing a disability claim under your employer sponsored group plan, then it is imperative that you follow the correct filing procedures.
If your claim has been refused by the insurance company, you should get a denial letter within 45 days after the date at which you originally filed. However, the insurance company may take up to two 30-day extensions, which would give it up to 105 total days to make the adverse decision. This denial letter should explicitly outline the reasons as to why your claim was denied. At this point, you will have 180 days to file an administrative appeal. For this appeal to be successful, you should submit additional evidence to support your claim. Depending on the specific circumstances of your case, relevant evidence might include:
Without new, compelling evidence, your appeal is unlikely to be able to address the reasons why the insurer initially denied your claim.
There is something very important that the insurance company and your employer will not tell you in your disability denial letter: If you file an ERISA disability lawsuit, you typically cannot submit additional evidence into the court record. Indeed, the court that reviews your case will be limited to the evidence that is already included in your disability claim file. This is why it is critically important that you get an Alameda ERISA disability lawyer involved in your case immediately after you get a denial letter. Your lawyer will be able to help ensure that all relevant evidence gets into the claim file.
At Kantor & Kantor LLP, our Alameda ERISA disability lawyers have helped many claimants obtain the full benefits they rightfully deserved. If your disability claim was denied or refused, please get in touch with our team today at (510) 992-6130. We proudly offer free, no-obligation case evaluations to applicants in the Alameda, CA and throughout the Bay Area.
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