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APPEALING A DENIED INDIVIDUAL DISABILITY CLAIM

If a person is unable to work as the result of a disability, he or she may be able to collect compensation from a disability insurance policy and/or Social Security.

In the event of a denied individual disability claim, it is important to understand what happened, what the future holds and how to best deal with the situation in a fast and efficient manner.

Under ERISA, if your employer disability insurance claim is denied, it must be accompanied by a notice explaining the reasons for the rejection.

Before appealing, it is important to first study the finer details of the denial letter. Are there any mistakes in the letter? Do you see something that could be the cause of the denial?

Here are additional tips to consider when filing an appeal:

— Provide any additional medical records that will help your cause.

— Point out any errors while also providing the correct information.

— Submit an opinion from your medical team.

— Add any non-medical evidence, such as letters from coworkers describing how your injury or illness has impacted your ability to work.

— Check with your insurance company to ensure that they received the appeal.

It is much easier when an insurance company agrees with the claim and begins to pay out benefits without delay. Unfortunately, there are times when an insurer will issue a denial, even if they are wrong in doing so.

Anybody with individual or group disability insurance should be aware of how the claim and appeal processes work. This can help avoid stress should you find yourself in this unenviable situation.

Source: FindLaw, “How to Appeal a Disability Insurance Claim Denial” accessed Feb. 15, 2015

DarrasLaw is Americas' most honored and decorated disability litigation firm in the country. Mr. Darras has seen more, evaluated more, litigated more, and resolved more individual and group long term disability and long-term care cases than any other lawyer in the United States.

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