We Can Help You Appeal A Denied Claim Under ERISA
Despite eligibility for a legitimate disability, some individuals encounter obstacles when seeking benefits. Although you likely feel stuck after your plan provider denied your claim, you are not out of options. You have the right to pursue an appeal under the Employee Retirement Income Security Act (ERISA).
At Willeford & Toledano, our experienced ERISA lawyers can represent you throughout your appeal case. We serve clients across Louisiana. Contact us as early in your case as possible for guidance.
Together, we can first seek an appeal with your plan provider according to the plan’s claims procedure. Generally, you can increase your chances of appealing a denied claim by taking advantage of two factors: time and legal counsel.
Positioning Your Appeal For Success
The attorneys at Willeford & Toledano are familiar with a variety of ways to maximize the strength of your appeal, such as:
- Thoroughly reviewing the summary plan description and claims procedure
- Obtaining and examining a copy of your case file from the insurance company
- Gaining medical documentation and evidence for your condition
- Protecting your rights throughout the appeals process
Plan providers must follow strict regulations under ERISA, which protect policyholders from unfair claim denial. However, plan providers and their fiduciaries may fail to follow the procedural requirements. If the plan provider rejects your appeal, we can then help you seek access to your benefits through other means.
Time Matters, So Do Not Delay
You have 180 days from the date of your claim denial to pursue an ERISA appeal. Once this period ends, you will no longer be able to attempt to reverse the decision. While some companies offer extensions in certain cases, an extension might not be available to you. Furthermore, most appeals cases can take several weeks or longer to complete.
Therefore, starting the appeals process with your lawyer as early as possible in your case is critical. More time allows you to strengthen your claim as much as possible. We can help you file an appeal in a timely manner so that you do not miss your chance to get benefits.
Get A Free Consultation
We understand how stressful and frustrating a denied claim for a long-term disability can be. Our New Orleans lawyers are ready to work hard to secure benefits for you. Call us at 504-322-1488 or email our law firm for a free consultation today.