While ERISA has a statute of limitations as long as six years in certain situations, most states and Long Term Disability (LTD) insurance companies have much shorter deadlines, often as little as six months.
Whether you’re getting ready to file for the first time or your first application for benefits was denied, a Houston long term disability lawyer may be able to help you get the Disability benefits you spent years or perhaps even decades paying for.
What Is a Statute of Limitations?
A statute of limitations is a law that sets a deadline for how long you have to file a lawsuit. If you don’t file a lawsuit before the ERISA Long Term Disability statute of limitations runs out, you lose your ability to file a lawsuit at all.
An experienced ERISA lawyer from Marc Whitehead & Associates can review your case and let you know whether you’re still within the statute of limitations for your case.
For a free legal consultation, call 800-562-9830
What Is the ERISA Statute of Limitations?
Section 413 of the Employee Retirement Income Security Act (ERISA) states that people must bring legal action against an LTD insurance company within:
- Three years of the plaintiff gaining “actual knowledge” that a breach of duty happened
- Six years after the last date on which something that allegedly counted as a breach of duty could have been fixed
- Six years after the last act that formed part of the alleged breach of duty
How does the ERISA Long Term Disability Statute of Limitations Affect You?
If your initial claim for Long Term Disability was denied, the appeals process can take a long time. However, you’re still limited by the statute of limitations on how long you have to file a lawsuit to get the benefits you earned.
Every deadline in the process to get your benefits is critically important. An experienced Long Term Disability lawyer from Marc Whitehead & Associates can help ensure you meet every deadline and get the benefits you may have spent years paying for.
How does an ERISA Long Term Disability Plan Work?
Whether you’re wondering why your claim got denied or you’re just getting ready to file your first claim, you may be wondering how your ERISA plan works. Here are a few things you should know.
There Is a Plan
Usually offered by your employer, your Long Term Disability plan will include the policy itself, any amendments, and a “core set of defining documents.”
There Is an Administrator
The entity that decides if coverage is denied or accepted is the administrator. Most of the time, it’s the insurer.
There Is an Internal Review
If your claim gets denied when you think it should have been approved, you must have the denial reviewed internally before you file a lawsuit.
The internal review can take a long time, but you are required to “exhaust” your administrative options before filing a lawsuit.
You Will Receive a Benefits Denial Notice
ERISA regulations require insurers to send a denial notice explaining why they denied your claim and what options are available for you to appeal the decision in a timely fashion.
A Long Term Disability lawyer who has experience with ERISA can help you with your claim and appeal.
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How an ERISA Attorney Can Help You
From reviewing your denial letter to litigating your claim, there are many ways an ERISA attorney from Marc Whitehead & Associates can help you.
Reviewing Your Denial Letter
Our experienced lawyers will review your denial letter, make sure you understand why your claim was denied, and help you address these points in your appeal.
Gathering Medical Evidence
If your insurer claims you didn’t provide enough medical evidence to prove your disability, we can help you get the tests or other medical evidence you need to get your appeal approved.
Filing a Timely Appeal
We’ll make sure you meet all the strict deadlines throughout your appeal process to ensure your appeal can’t get thrown out for being too late.
Negotiating With the Insurance Company
Our attorneys can negotiate with the insurance company to get you a fair settlement.
Litigating Your Claim
If you get all the way through the appeals process without a satisfactory resolution, we may be able to help you file a lawsuit against the insurance company to get the benefits you’re entitled to.
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Contact an ERISA Lawyer Today
Wherever you are in the process of applying for Long Term Disability or appealing a denial, the experienced ERISA lawyers at Marc Whitehead & Associates can help you.
Our lawyers have more than 120 years of combined experience with Disability claims. We’re based in Texas, but we help people all around the United States to get the LTD benefits they’ve paid for.
Schedule a free consultation today to find out how we can help you get the benefits you earned, even if your original ERISA claim was denied.
Call or text 800-562-9830 or complete a Free Case Evaluation form
