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Did you file an application for disability benefits under your ERISA governed plan, only to unexpectedly have your claim rejected by the insurance company? If so, our law firm can help protect your legal rights and financial interests. For immediate help with any aspect of your ERISA case, please reach out to our dedicated East Palo Alto ERISA attorneys today.
Preparation: If you are bringing an ERISA disability claim, you need to ensure that you have carefully prepared your application. You will want to include as much supporting evidence as possible, so that you can optimize your chances of getting your initial claim approved by the insurance company.
Review and Decision: When your claim is submitted, the insurer will have 45 days to make a decision. After 45 days, the insurance company can seek up to two 30-day extensions if there is necessary information outstanding. Though, it must notify you if it wishes to seek an extension. When a decision is made, you will receive an official letter. If you get a denial letter, the reasoning behind the denial should be clearly explained.
Administrative Appeal: If your East Palo Alto disability claim was rejected, you will have 180 calendar days to file an internal appeal. If you do not act in time, then you will lose out on your appeals rights. Please do not let this happen to you. At this point in your case, you should be sure to consult with an experienced ERISA attorney.
Litigation: In some ERISA disability cases, litigation will be required to seek your benefits. Under federal regulations, you will only be able to file an ERISA lawsuit after you have already taken your case through the insurance company’s full internal appeals process.
In ERISA disability lawsuits, the court that is hearing your case will only be able to refer to the evidence that is included in the official Administrative Record. In other words, the court is limited to reviewing the information that you submitted in your initial application filing or the additional information that you submit in your internal appeal. If you left evidence out of your case, the court will not be able to consider it. This mistake could destroy your claim. You need to protect yourself by getting an East Palo Alto ERISA attorney involved the day you receive your denial letter.
We can help. At Kantor & Kantor LLP, we have considerable experience handling complex ERISA cases. If your ERISA disability claim was denied in East Palo Alto, you need to take action. Please call our firm today at (510) 992-6130 to schedule your free initial legal consultation.
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