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ERISA • Employment Law

How Many Times Can You Appeal an LTD Insurance Decision?

28 Sep 2022

If your application for long-term disability benefits was denied, or if you had disability benefits but were terminated, you received the news in the form of a denial letter. If your disability policy is governed by ERISA, the denial letter states that you can appeal the decision, but you must do so in 180 days. (Some non-ERISA long-term disability denial letters may have similar language). However, you may be wondering how many times you are allowed to appeal a long-term disability benefits decision. 

Appealing a rejected disability claim can be difficult, and there are several factors to consider when fighting a denial. Our attorneys at the Garner Firm, Ltd. are available to review your specific circumstances, so call us for advice regarding your case. 

How Many Long-Term Disability Appeals Are Available?

After your benefits claim was denied, you may wonder how many times you can appeal the decision until you secure your compensation. The majority of insurance companies grant only one long-term disability appeal, meaning you have one chance for success. In other cases, you may have two chances for an appeal, as one is mandatory and the next is often voluntary. Insurance companies are different, so the exact number of appeals may vary depending on your specific provider. 

The information you provided in and with your appeal is all that the judge may consider, if your claim arises under ERISA.  You cannot assume that additional evidence will be permitted in court when you appeal and ERISA disability benefits denial. Your doctors may not be able to testify, nor will you likely have a chance to testify. As such, you must take advantage of the very first opportunity of an appeal. Regardless of your specific circumstances, you should hire an attorney at the soonest opportunity to increase your chances of a successful appeal. 

The Importance of Working With an Attorney

Since you likely have only one chance to make an effective appeal, working with an attorney is essential to your case’s resolution. We can help you navigate every step of the appeals process and provide key information to aid you along the way. Having an experienced attorney review your appeals allows us to identify potential mistakes and increase the chances that you will receive your entitled benefits. 

Even if you do have multiple chances for an appeal, it’s often most beneficial to secure the results you need the first time. This means that you will need a detailed appeal submission that contains medical records, a letter from your physician and all other pieces of information needed to prove your disability. Since compiling these documents can be confusing, rely on an attorney who can review your application before submitting. 

How to File for Long-Term Disability

Filing for long-term disability involves several important steps, such as gathering medical evidence and filling out all necessary forms. The appeals process can be complex, so if you still aren’t sure what steps to take first, talk to an attorney at the Garner Firm, Ltd. We can help you understand your options and correctly file your appeal. We are committed to helping our clients secure the benefits they need while battling a long-term disability, so contact us to schedule a consultation with our knowledgeable lawyers. 

Experienced Counsel

Mr. Garner is an ERISA employee benefits and employment attorney with over a decade of experience. The laws governing employee benefits, the employment relationship, and the workplace are complex.

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