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If a disability is preventing you from earning a paycheck, you need to be able to recover the full value of all of your entitled disability benefits without any undue delay. Unfortunately, in far too many cases, insurance companies refuse to pay out valid claims. If your ERISA disability claim has been denied, you should seek immediate legal assistance
At Kantor & Kantor LLP, our firm is dedicated to helping disabled individuals recover the compensation they rightfully deserve under the terms of their group benefits plan. If you need legal advice, our experienced Mountain View ERISA disability lawyers are currently standing by, ready to fight to protect your legal rights.
Claim Preparation: Your disability case begins with you submitting your claim to the responsible insurance company or plan administrator. To ensure that you can recover your benefits as soon as possible, it is critically important that you submit a strong initial claim.
Claim Review and Decision: The insurance carrier will then have 90 days to review your claim and issue an initial decision. The company can seek an automatic extension of 90 days, should it deem that to be required to resolve your claim. When a decision is made, an official letter should be mailed to you.
Internal Appeal: Should you receive a denial letter, you have the right to file an administrative appeal. This appeal must be sought within 180 days of the date when you received your claim denial letter.
Disability Benefits Lawsuit: Finally, if your internal appeal is not successful, you will have the legal right to bring your case to court. You can file a disability lawsuit to seek the benefits that you are rightfully owed under your plan.
It is important to note that there are special, more restrictive evidentiary rules in ERISA disability cases. Indeed, under federal regulations, any lawsuits that you file to seek your benefits will be restricted to the evidence in your claim file. In other words, you must submit any relevant evidence regarding your disability claim to your insurance company either during your initial filing or during your administrative appeal. If you fail to do so, you will likely lose out on the right to use that evidence. This is why it is important to get a Mountain View disability lawyer by your side as soon as possible. Your lawyer will ensure that your claim is properly prepared, with all relevant evidence included.
Was your disability claim denied? We can help. At Kantor & Kantor LLP, our Mountain View ERISA lawyers have extensive experience handling all aspects of disability claims. To set up an immediate, free review of your claim, please do not hesitate to call our team today with any questions at (510) 992-6130 or to contact us directly through our website.
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