- Auto Accidents
- Personal Injury
- ERISA Denial of Disability Claims
- Criminal Law
- Product Liability
If you’ve recently been injured in an accident and cannot work as a result, one option you have is to file for long-term disability benefits under the Employee Retirement Income Security Act of 1974 (ERISA). But what happens if your application for long-term disability gets denied?
ERISA is typically purchased by your employer, but the plan administrator who determines whether claims will be accepted or denied is a third-party insurance carrier. That administrator may classify you as not being disabled, even if your doctor says you are.
However, you don’t have to take no for an answer in such a circumstance. ERISA allows you to appeal the plan administrator’s decision. If you have had your application denied, it is important to seek legal assistance immediately, as you only have 180 days from the date of your denial to file the appeal.
The following are some steps to take to improve your chances of success in your appeal:
To learn more about how to best deal with long-term disability denials and the ensuing appeals process, speak with a knowledgeable West Virginia personal injury lawyer at Prim Law Firm, PLLC. Call our firm at 304-201-2425 or contact us online to schedule your free initial consultation.