Many people come to me after they have had their disability claim denied, and they’re not sure whether or not ERISA law makes it worth fighting the decision of their insurance company. After all, if a big company has looked at all the facts and decided that there is no reason you should be getting benefits, how can you really argue with that? Isn’t it possible that they’re just right?
Sure, it’s possible. But what you have to remember is that insurers aren’t paying your medical bills and helping with your disability out of the kindness of their hearts. They are in a business, and for them to make money, they need to make it difficult for people to collect.
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Before they even look at your specific case and examine the evidence, the insurance company is considering what they can use to deny you benefits. If you miss specific criteria – forget to dot an “I” or cross a “t” –that can be the end of your claim. Requesting an administrative appeal is your way to fight against this and give yourself a second chance.
Winning an administrative appeal isn’t just about proving a point; it’s about getting you the benefits that you deserve. Some people think that it sounds easier just to file a new claim and start over, but there’s something important you lose out on if you do that: your back pay.
Filing an administrative appeal means that if you win, you’re going to get monthly benefits from the date that you were originally cut off. For some people, this can be several months or even a year or more of monthly benefit checks. That’s a lot to simply write off as a loss, so don’t do it.
If your insurance company denies your claim and you know you should win, talk to an experienced disability lawyer immediately. With an ERISA law expert on your side, you have the best chance at cutting through their arguments and getting the benefits you need.
Check out our website for more information on the administrative appeal process or to speak with a representative about your particular disability claim.
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