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ERISA Denial of Disability Claims

West Virginia ERISA Lawyers Appeal Disability Insurance Denials

Accomplished attorneys represent workers throughout the region

Many employers offer long-term disability coverage for employees who are unable to work due to some physical condition. Unfortunately, obtaining these benefits can be difficult for even the most worthy claimants. At Prim Law Firm PLLC in Hurricane, West Virginia, our firm appeals disability benefit denials for people throughout the state as well as those in Kentucky and Ohio. Most of these claims fall under a federal law known as the Employee Retirement Income Security Act (ERISA). This complex statute includes unique rules and procedures, so it is important to hire a lawyer with a proven record of success handling ERISA matters. Our firm’s attorneys have 30 years of legal experience and have earned top results in disability and injury litigation. If you’re having trouble collecting the disability payments that you have earned, we will work tirelessly on your behalf.

Experienced advocates for ERISA appeals

Our personal injury attorneys have detailed knowledge of the relevant rules regarding employer-provided disability insurance and can advise you on legal issues such as:

  • Eligibility — Not all disability claims are subject to ERISA. If your policy was issued privately rather than through your employer, it is likely a state court issue.
  • Filing — If you seek a reversal in federal court, the appeal must be filed within 180 days of the date that you received the decision. The insurance company then submits the appeal to a different person who might change the ruling internally before the case goes to court.
  • Procedural requirements — Appeals of ERISA decisions come under federal jurisdiction. Our firm has significant federal court experience and is well versed in the special rules and procedures that apply.

Unfortunately, ERISA gives insurers wide latitude in deciding whether to accept or deny disability insurance applications. During a free initial consultation, we can examine the specific facts in your case and help you understand the likelihood of a successful appeal.

Skilled lawyers pursue the benefits you deserve

ERISA appeals are not jury trials but are decided by judges who rely on the medical information and documents that exist in the record. As our lawyers pursue the compensation you need to support yourself while out of work, we ensure that you are aware of:

  • Reasons for denial — An insurance company is required to provide in writing the reasons for rejecting your application. In some instances, small technical errors such as a missed deadline or improper documentation are used to deny a disability claim. We conduct a complete review to identify and correct these problems so that you receive a fair evaluation.
  • Grounds for appeal — We scour the record to find evidence that the carrier’s decision was not reasonably grounded in the record. It is crucial to retain legal counsel early in the process, because information not submitted to the plan administrator cannot be used in court.
  • Your legal options — If you run out of administrative remedies, we can file a federal action seeking to prove that the decision-maker did not review your case in a legally acceptable manner.

The appeals process can take a long time, but we will fight for your rights and work to overturn an unjust decision.

Contact an effective West Virginia ERISA appeals lawyer for a free initial consultation

Prim Law Firm PLLC represents clients in ERISA appeals, mesothelioma cases and other personal injury actions in West Virginia, Ohio and Kentucky. Please call 304-201-2425 or contact us online to schedule a free initial consultation at our office located in Hurricane, West Virginia.

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