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Were your disability benefits denied? If so, you need to take immediate action to protect your legal rights and financial interests. At Kantor & Kantor LLP, our aggressive San Jose ERISA disability lawyers have helped many applicants recover the full and fair benefits due to them under the terms of the group health plan.
Most employer sponsored group health plans and group welfare benefits plans are governed the Employee Retirement Income Security Act of 1974 (ERISA). This federal law imposes many different standards and process requirements on these plans. If you are filing for disability benefits, you need to be fully aware of how ERISA’s rules will impact your claim and your ability to file an appeal. For example, one of the most important things that you need to know is that you only have 180 calendar days from the date that you receive your initial denial letter to file an administrative appeal. If you fail to act within this period, you could lose out on your disability benefits. It is critically important that you get a qualified San Jose disability benefits attorney by your side who can ensure that your claims rights are properly protected.
For a disability claim to be successful, you will need compelling supporting evidence. Generally, you must prove that you actually have a disabling condition and that your condition prevents you from earning a living. The evidence that can be used to prove this can come in a wide variety of different forms. For example, some of the most common types of evidence used in ERISA disability cases include:
While most people understand the general importance of evidence; there is also something that most people do not know: When courts review ERISA disability lawsuits, they are restricted to the evidence that is already contained in the Administrative Record. To put it another way, this means that if you fail to submit useful evidence directly to the insurance company, during your administrative appeal, then you will likely lose out on the right to use that evidence in the courtroom. Please do not let this happen to you; work with a qualified San Jose ERISA lawyer.
At Kantor & Kantor LLP, we have extensive experience handling all aspects of ERISA disability cases. To speak to one of our experienced attorneys today, please call our San Jose office at (408) 705-1988. Our team will review your claim free of charge and explain to you your rights and your legal options.
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