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San Francisco ERISA Disability Attorney

San Francisco ERISA Disability Attorney

Assisting Individuals Who Have Had Their Disability Claim Refused

Having your disability claim denied by the insurance company is extremely stressful. If your claim has been refused by your insurer, you are likely feeling confused, possibly without options. Let our legal team help. At Kantor & Kantor LLP, our experienced San Francisco ERISA disability attorneys have helped many people obtain the benefits they deserve.

The ERISA Disability Claims Filing Process  

The Employee Retirement Income Security Act of 1974 (ERISA) governs many employer sponsored benefits plans. If you are filing for benefits under an ERISA governed plan, you need to be aware of how the process works. Specifically there are four key steps that all San Francisco disability applicants should keep in mind:

  • Initial review: When you submit a disability claim, it will be reviewed by a claims representative who works for the insurance company. Typically, it takes several weeks for you to receive an update from your insurer. The update will either be an initial decision on your claim, or it will be a notification that your claim will take an additional 90 days to resolve.
  • Decision: You will receive your decision by letter. If you get a denial letter, that letter should explain precisely why your claim was refused.
  • Filing an appeal: If you initially receive an adverse decision in regard to your disability claim, you will have an opportunity to file an appeal. The initial appeal must be an administrative appeal, filed with the insurance company. Under ERISA regulations, you must take action within 180 days. If you fail to do so, you will likely lose out on your benefits.
  • Considering a lawsuit: Finally, if your internal appeal is not successful, you can file a lawsuit in court. To be clear, you can only bring a lawsuit related to your ERISA disability claim after you have exhausted all of your internal and administrative remedies.

No New Evidence Is Allowed Into Court

If you are forced to bring a lawsuit to seek your disability benefits, you will almost certainly not be allowed to submit any additional evidence to the court record. Instead, the judge will be limited to the evidence that has already been submitted to your claim file. In other words, you need to be sure that all important evidence that proves your disability (medical records, medical documentation, doctor’s testimony, your own testimony, other witness statements, etc.) gets into your claim file before your case gets into the courtroom.

Contact Our Office Today

At Kantor & Kantor LLP, our team has extensive experience handling ERISA disability claims. If your claim has been denied or refused in San Francisco and you have questions, please get in touch with us today at (415) 630-5353. We will review your case free of charge.

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