You have suffered a serious injury and will unable to work for months. You purchased long-term disability insurance through your employer for just this situation. However, your LTD claim has been denied, and you need to file an appeal. Friends have recommended finding an attorney to help you with the process, but you don’t know how to go about it. We have some tips.

Look for Someone Who Accepts ERISA Claims

Employer-sponsored long-term disability policies are governed by rules established by the federal Employee Retirement Income Security Act (ERISA). These rules favor the Denied ERISA Claiminsurance companies and make it difficult to appeal a claim denial, so you should work with an attorney who knows what they’re doing. Not every disability attorney will take ERISA cases, however, so that’s the first thing you need to ask. After that, you want to ask a few more important questions:

  • Do I have to live in the state where you practice? ERISA claims deal with federal law and national insurance companies, so it shouldn’t matter where you live if you have to file an appeal. An attorney in another state can help you. At Monast Law Office, we don’t require any in-person meetings and can handle your claim no matter where you live.
  • Will I be responsible for all legal fees? ERISA law gives the judge leeway to order the insurance company to pay at least some of your legal fees if you have “some degree of success” with your appeal. While it is ultimately up to the judge, we will aggressively seek fee awards on your behalf if appropriate.
  • How far will you take my claim? Some law firms limit their ERISA claim representation to filing a written appeal on your behalf. If the appeal is unsuccessful, you are out of luck, and you still have to pay the lawyer. You want to make sure the ERISA attorney you hire is willing to file a lawsuit if there are grounds to do so after a denial of your appeal. At Monast Law Office, we will take your claim as far as possible to get you what you deserve.

Contact Monast Law Office With Your Questions

Monast Law Office is dedicated to helping clients whose claims for long-term disability benefits have been denied. Contact our office in Columbus to discover how we can help. To learn more about ERISA and the appeals process, request a free download of our book, Don't Go It Alone: How Insurance Companies Sabotage Disability Claims. Don't let your chance at a successful appeal pass you by. Contact us today!

 

 

James Monast
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Fighting for Ohio’s Injured Workers and their Families