May 5, 2012 /24-7PressRelease / -several health provided by the employer plans include disability insurance of long duration, which provides employees with benefits equal to a portion of their income, if they become unable to work because of a disability. In most cases, these insurance plans are governed by a federal law called Employee Retirement Income Security Act of 1974, or ERISA. Unfortunately, ERISA is notoriously complex and many people encounter barriers during the claims process.
To help your claims process go as well as possible, it is important to examine the details of your insurance plan before filing an application for disability benefits. Read your plan carefully to ensure that you meet the conditions to receive benefits and understand what you must include in your application. After you file a request, the provider must approve or reject in a reasonable time, or not more than 45 days.
If your application is refused
An application for disability ERISA can be denied for a number of reasons. In some cases, the administrator may indicate that your disability is not covered by your insurance plan or your application may have met incomplete or incorrect.
Whatever the reason for refusal of your application, it is still possible for you to obtain the benefits and you have the right to appeal the decision. However, you must take action soon after your application is refused, applicants usually have only 180 days to file an appeal after receiving the notice of a denial of benefits.
When filing an appeal on an application for disability ERISA refused, your application will be reviewed by one administrator other than the person who denied your initial request. By law, it must be done within a reasonable time after the administrator receives your request for review. In most cases, this means that the review should be carried out within 45 days, although some exceptions apply.
If your appeal is denied
If the insurance plan denies your appeal, this is called a "final denial." After receiving a final refusal, you can choose to file a suit in court to challenge the decision. For assistance with a disability claim or appeal, or to discuss your legal options to pursue a claim after a final refusal, contact an experienced disability lawyer.
Article provided by Chisholm Chisholm & Kilpatrick, Ltd..
Visit us at the http://www.cck-law.com
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