Appeals For Benefits In Accordance With ERISA
The federal Employee Benefits Security Administration (EBSA) has detailed, specific rules for disability and life insurance benefits plan administrators. These rules instruct plan administrators on how to handle ERISA-governed benefits claims and appeals. If you have applied for long-term or short-term disability or life insurance benefits and have been denied, consider the information included with the denial and prepare to file an appeal, if appropriate.
Many claimants who hope to appeal after a denial soon realize that they need advice. An attorney with years of experience is a reliable source of information and guidance on how to appeal successfully. At Toledano Disability Law, you can find personalized advice on how to increase your chances of making a successful appeal.
Answering Your Questions About ERISA Appeals
The prospect of appealing a denied ERISA claim can be daunting. With so many unknowns, it can be hard to take the first step. Our ERISA appeals clients often come to us with questions, the most common of which we’ve complied and answered below.
How long does an ERISA appeal take?
Suppose you submitted a claim for ERISA benefits like short-term disability, long-term disability, or life insurance benefits, which was denied. In that case, you have 180 days beginning the date you received the decision to appeal it. Once you submit your appeal, you can expect to get a response within about 45 days.
How much does an ERISA appeal cost?
The cost of appealing an ERISA decision depends on the legal representation you have. To find out what it could cost in your situation, contact Toledano Disability Law for a free case evaluation. During this meeting, attorney Reagan Toledano will have an opportunity to learn about the particulars of your case. You will also have a chance to ask any questions you may have and learn how attorney Toledano’s services’ pricing structure works.
Is an ERISA appeal worth it?
Yes. If your initial ERISA claim has been denied, going through the appeals process is the only way to continue to pursue the benefits you need. Appeals can be intimidating, especially since your claim has been denied once already. However, help from a skilled and experienced attorney can make a big difference. With the right strategy, it is entirely possible to have a successful appeal.
What other types of employee benefits fall under ERISA? Does your law firm handle these kinds of cases?
Besides long-term disability benefits, ERISA’s rules may encompass claims for short-term disability, accidental death, health insurance and long-term care. The legal team at Toledano Disability Law has a deep record of experience and success on behalf of clients making claims for these and other covered employee benefits.
Let Attorney Reagan Toledano Assist You In Appealing
After you have applied for short-term or long-term disability benefits and have been denied, the next steps can be briefly described as follows.
- If you decide to appeal, do so within 180 days.
- Your appeal may include additional information or clarify aspects of your application that may not have confirmed your eligibility persuasively or explicitly enough.
- Expect a response within 45 days.
- Normally, you should exhaust internal appeals opportunities through your benefit plan before taking an appeal to trial.
- If your appeal results in another denial and you believe this decision is unjustified, you need legal advice suitable to meet this challenge. Your case may be on track to go to trial, an appellate court or even the Supreme Court of the United States.
- You may want to consult with EBSA to determine whether the disability plan administrators may not have complied with all legal requirements for ERISA-governed plans. Your attorney can help you pursue this angle and, perhaps, wrongful denial litigation if appropriate.
An ERISA attorney can help you cut through complex documentation requirements and rules to get your initial claim filed correctly and in a timely way. If you then need to file an appeal, your lawyer will be ready to represent you efficiently.
Attorney Reagan Toledano Can Help You Appeal A Denied Benefits Claim
Since 2005, Reagan has been helping people overcome ERISA-governed benefits denials. He is available to help you plan and carry out an appeal after your initial claim has been denied.
Do not hesitate if you are wondering how to appeal a denial after applying for short-term or long-term disability benefits. Get answers to your questions and guidance on how to get ready to appeal. Call 877-281-4789 or inquire online. Toledano Disability Law serves clients nationwide.