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Did you recently file a claim for disability benefits under an ERISA group welfare or group health plan? Did the insurance company reject your claim? If so, you are far from alone. Sadly, large insurance companies deny many valid ERISA claims.
At Kantor & Kantor LLP, our aggressive Daly City ERISA disability attorneys can help you fight back. Our law firm was established to help our clients recover their full employer provided benefits. If your ERISA disability claim was denied, please contact us today for immediate help with your case.
Three Important Things You Need to Know About ERISA Disability Claims
Hopefully, your ERISA disability claim will be accepted and paid out based solely on your initial application. Of course, that is not always how the process works. If your claim is denied, you will receive a written letter from the insurance company. This letter should detail the reasoning behind the denial, thereby giving you the opportunity to fix your application. You only have 180 calendar days from the date you receive the denial letter to file your appeal.
Your first ERISA disability appeal must be filed directly with the insurance company. Indeed, ERISA requires insurers to establish an administrative appeals process. Under the law, workers must take their claim all the way through this process before they have the right to file a lawsuit. Fortunately, our Daly City ERISA disability lawyers have won many appeals at the administrative appeal stage of the claims process.
Finally, it is important to note that ERISA has special evidence standards. If you file an ERISA disability lawsuit, the court will typically only be able to review the evidence that you turned over to the insurance company within your initial application or during the administrative appeals process. Put another way, if you fail to submit evidence on administrative appeal, you may lose out on the benefit of that evidence. As this could severely damage your legal claim, you need to make sure that this fate does not happen to you.
At Kantor & Kantor LLP, we are proud to fight for the rights of ERISA disability claimants in Northern California. If your ERISA disability benefits were denied, our attorneys are standing by, ready to help. Please do not hesitate to contact us today at (510) 992-6130 to set up a free, no obligation review of your case.
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