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Avoid a Claim Killer – Retain An ERISA Disability Attorney Before You Appeal a Claim Denial

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The most common and fatal mistake people make in their ERISA disability claim is not consulting with and retaining, an experienced ERISA attorney soon after their claim is denied.  People make this mistake for various reasons including the insurance company not informing you to retain an attorney and your not knowing you can and should retain an attorney at that time.  Others may believe their insurance company made a mistake which can be easily fixed with their only appeal.  Finally, some people believe they are “saving money” by not retaining a lawyer.

Regardless of the reasons – all are generally fatal to the claim and result in a final insurance company denial with no benefits being paid.

It is critical to understand you likely have only one appeal and one opportunity to submit the necessary medical, vocational, and lay witness evidence to get your claim approved.  ERISA is a very complicated federal law which provides you with few, if any, consumer protections.

The appeal is your ONLY OPPORTUNITY to prove your claim. Remember, there is no trial and nobody will ever testify on your behalf in court.

The appeal is your ONLY OPPORTUNITY to prove your claim.  Remember, there is no trial and nobody will ever testify on your behalf in court.  If your claim proceeds to federal court following the denial of your appeal, it is truly a “paper trial.”   In court, the only admissible evidence is what your insurance company had in its possession when it made its final decision to deny your claim.

So you believe your insurance company wants to approve your disability claim?  Think about it – in our current economic environment which includes historic no – to – very low interest rates, insurance companies have struggled financially since the Great Recession of 2008 and this has resulted in “aggressive claims management” – i.e. more claim denials or termination of benefits.

So you believe your insurance company wants to approve your disability claim?

The economic environment, the fact there is literally no penalty for the insurance company denying your claim and that few attorneys specialize in ERISA disability law, provides little incentive to pay claims.  Simply put – insurance companies would rather hold on to their money than pay you.  Understanding this dynamic is essential as you contemplate whether you should retain an experienced disability ERISA attorney to handle your appeal.

Well advised individuals retain an ERISA disability attorney before appealing the denial of their claim realizing that to not do so is frequently a choice to never see a dollar from their insurance company.   Many ERISA disability attorneys work on a contingency fee, meaning you only pay a fee if your claim is approved and you receive benefits.

In summary, if your claim has been denied (or you are contemplating filing a new disability claim), please call our office for a free consultation to learn your legal rights and what we can do to put you in the best position to make the insurance company pay your claim.