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Did you recently file for ERISA disability benefits, only to receive a shocking denial letter from the insurance company? If so, you are certainly not alone. Sadly, many people in Northern California have their disability benefits denied every year. In some cases, the denial occurs because the insurance company made a mistake; in other cases, denial happens because of (correctable) mistakes with the applicant’s file. Regardless, the dedicated Bay Area ERISA disability lawyers at Kantor & Kantor LLP can help. Let us use our skills and experience to help you seek the benefits you deserve.
If your group welfare insurance plan is regulated by the Employee Retirement Income Security Act of 1974 (ERISA), then you must be ready to deal with the challenges that you could face during the claims process. The first major challenge is meeting all of the strict filing deadlines. Indeed, once you get a disability denial letter from your insurance company, you only have 180 days to respond with a request for an appeal.
Further, you also need to be sure that your appeal is crafted in an effective manner. To be clear, if you merely submit an identical claim a second time, your disability benefits will almost certainly be refused again. When you file your administrative appeal, you should be sure that you have addressed the exact reasons why the insurance company initially rejected your claim. In general, this means providing additional evidence that satisfies the insurer’s concerns about your claim.
If you are forced to file a lawsuit to seek your ERISA disability benefits, the court will only be able to look at the evidence that is included within your claim file. In other words, if you fail to submit additional evidence during the insurance company’s internal review process, that evidence is almost always gone. This could have dramatic ramifications for your case. Indeed, it may even make it impossible for you to effectively make your claim. We can protect you from this fate. Get our Bay Area ERISA disability attorneys by your side early on in the appeals process. Our team will make sure that your claim file contains all of the available evidence that supports you and your case.
The experienced attorneys at Kantor & Kantor LLP can help. Please do not hesitate to call us today at (510) 992-6130 to request your free case evaluation. From our main office in Alameda, we proudly service communities throughout the Bay Area, including in Contra Costa County, Marin County, San Mateo County, Santa Clara County and Sonoma County.
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