When to File an ERISA Long-Term Disability Claim in Maryland
The Employee Retirement Income Security Act of 1974 (known as ERISA) governs the operations of employee benefits, including long-term disability insurance claims. Unfortunately, the law is quite complex and can be confusing for someone who is not well-versed in legal writing.
If you have become disabled, the best option is for you to contact a determined ERISA lawyer who can help you understand when to file a long-term disability claim in Maryland.
The Initial Filing Process
A person who has become disabled and is no longer able to work should file a claim for long-term disability benefits immediately after receiving the diagnosis from medical professionals. An attorney could help the determine when to file a long-term disability claim in Maryland.
Since each insurance carrier has different requirements for these claims, it is best to seek the help of an experienced Maryland ERISA lawyer who can go over the person’s insurance policy with them to ensure that all requirements are met in the initial application. This can include medical paperwork and other documents supporting the claim of disability.
It is best to file these claims as soon as possible because insurance companies may be less likely to accept claims that are filed long after the initial injury or illness.
Steps to Appeal a Denial
In some cases, the insurance company may deny a disabled person’s claim. This can be done by disputing the disability diagnosis, accepting the diagnosis but arguing that it is the result of a failure to correct other symptoms and thus, is the responsibility of the disabled person, or by claiming that the application was incorrectly filed or did not meet the requirements set forth in the insurance policy stipulations. When this happens, it is often necessary to file an appeal with the insurance company.
A seasoned ERISA disability claims attorney could help individuals make sure that they file their appeal within the time-frame allotted by the insurance company, which is crucial to having any success in the appeal. Though each policy is different, this deadline is usually around 180 days.
In the event that the appeal through the insurance company does not work, a Maryland ERISA disability appeals lawyer may advise filing a lawsuit through the Maryland Federal District Court of appeals.
Maryland Law and Disability Denial Appeals
In the past, insurance companies have been given the significant benefit of the doubt in disability denial cases. These cases were difficult to win because disabled people had to prove severe negligence or malice on the part of the insurance company to be able to have a successful appeal.
However, Maryland law recently changed to provide injured people with more protections. The new standard is called a “full and fair review,” and it means that the insurance company must show reasonable evidence for denying the claim.
This evidence, unlike in the past, is not given more weight than the denied individual’s evidence in favor of receiving benefits, as new laws have outlawed clauses in insurance policies that give the insurance carrier “sole authority” in deciding to approve or deny the claim.
In short, a skilled Maryland ERISA disability attorney now can help people more than ever before by helping them build a solid case for benefits that will be treated objectively by the court.
Contacting a Maryland ERISA Attorney
If you have become disabled, contact an ERISA lawyer as soon as possible to begin the filing process. With their help, you stand a much better chance of having your claim approved.
A knowledgeable ERISA lawyer may know when to file a long-term disability claim in Maryland. They could carefully review your claim, make adjustments as needed, ensure that all requirements of the insurance company are met, and continue to advise and represent you if your claim is denied and legal action becomes necessary.
