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The Employee Retirement Income Security Act of 1974 (ERISA) is a highly complicated federal law that controls the disability claims process for the majority of employer-based group benefit plans. If you become disabled, you may have a claim for compensation under this type of plan. Sadly though, the big insurance companies have made recovering fair compensation extremely difficult.
At Kantor & Kantor LLP, our top-rated Redwood City long term disability attorneys are committed to helping our clients recover the full medical and income replacement benefits that they are rightfully owed. If your initial claim was denied, it is imperative that you contact our firm today for immediate legal assistance.
One of the most important things that applicants need to know about the long term disability appeals process is that plan beneficiaries only have 180 calendar days to file their appeal. This means that you need to take action as soon as you receive a disability denial letter. Get that letter into the hands of a qualified Redwood City ERISA lawyer who will be able to work quickly, helping you build a strong appeal.
Under ERISA regulations, your first appeal must be filled internally, with your insurance company. In other words, you cannot file a lawsuit until you have exhausted all available internal remedies. To preserve your rights, you need to craft a strong, compelling administrative appeal. Ideally, upon seeing your appeal, your insurance company will reverse its decision in order to avoid any litigation in your case.
In some cases, it will become necessary to file a lawsuit to seek your long term disability benefits. When an ERISA disability case gets into litigation, the court is generally only able to review the evidence that you already submitted to your insurance company. This means that you need to ensure that all relevant evidence in your case is submitted during your initial application or administrative appeal. It is crucial that you work with an attorney who knows how to get all useful evidence into your case file.
At Kantor & Kantor LLP, we are proud to fight on behalf of disabled workers in the Bay Area. When we take on your case, we will not rest until you get the fair financial recovery you are owed. If your disability claim was rejected, please call our Redwood City ERISA lawyers today at (510) 992-6130 to schedule your free legal consultation.
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