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Ohio Long-Term Disability Insurance Denial Lawyer

Ohio Long-Term Disability Insurance Denial Lawyer

How to Appeal Denied Long-Term Disability Claims

If you submitted a claim for long-term disability insurance benefits and got denied, what do you do next?

Know that your long-term disability policy could still provide the financial lifeline you need and deserve after working and contributing to the plan.

But sometimes they make you fight.

Appeal the decision with help from the Ohio long-term disability denial lawyers at Horenstein, Nicholson & Blumenthal (HNB).

Long-term disability appeals are difficult. Long-term disability plans provided through employers can have special complications.

These plans are subject to a federal law, the Employee Retirement Income Security Act, or ERISA.

Specific rules govern how ERISA appeals work and when you can sue your insurer. Mistakes during the process can make it impossible to win benefits.

The ERISA appeals lawyers at HNB understand what you’re going through and what it takes to reverse a denial. We have decades of experience helping hundreds of people with this process.

After you worked hard to achieve financial security, only to have it threatened by health setbacks, we work hard for you. We make sure you’re treated with dignity and respect.

Getting an ERISA long-term disability claim denied is infuriating. You thought your insurance was there to deliver financial relief when you need it, and now they pull it out from under you.

It’s important to respond in the right way, taking time to craft a convincing appeal while also meeting deadlines for keeping your claim alive.

Our firm is ready to help you: “Helping me, that’s HNB.”

GET HNB TO HELP YOU

    Top Reasons for Denied Long-Term Disability Claims

    Insurance providers find all sorts of ways to deny ERISA long-term disability claims.

    • They employ medical reviewers to look at your file and say your health problems aren’t serious enough to qualify for disability. These reviewers are doctors, giving this assessment credibility even if it’s biased toward the insurer saving money.
    • They have their own employees write reports on your job abilities that present a highly selective picture of what you need to do for work—misinterpreting your job duties or overestimating your current capabilities.
    • Your insurer may resort to surveilling you and checking your social media posts to see if you’re doing anything that contradicts the information in your long-term disability claim about your physical limitations.
    • They could argue you didn’t do enough to treat your health issues, stick to plans laid out by your doctor, and collect enough medical evidence to prove your case.

    Now you need to be careful about the next steps.

    Responding by calling them or sending a letter saying you disagree with their rejection could be taken as your “official” appeal—but it’s not enough.

    Have an experienced long-term disability denial lawyer step in and stop them from brushing off your claim.

    You need to understand how ERISA regulations work and get started on a proper long-term disability appeal.

    Talk to our Ohio ERISA appeals lawyers.

    You pay no attorney fee until you win benefits.

    What Should I Do to Build a Long-Term Disability Appeal?

    Be ready to act quickly if you’ve been denied long-term disability benefits. ERISA insurance plans have tight deadlines, usually allowing 180 days to appeal.

    That can seem like a lot of time, but the days can pass by quickly as you work on your ERISA appeal. 

    You should get started on your response right away and follow these steps: 

    Step #1: Review your rejection letter.

    Your rejection letter could outline reasons why you were denied long-term disability benefits. This can give you an idea of where to start, but the letter is often vague and unhelpful. Your lawyer can analyze the insurance company’s communication and determine what evidence you need to counter them.

    Step #2: Request your full file.

    Under ERISA regulations, you have the right to request a complete copy of your claim file from your insurance company. 

    This contains all the information your insurer used to deny your claim, including your medical records and vocational assessments, but that’s not all. 

    Your file can also contain internal communications, like correspondence between medical reviewers and claims adjusters, and plan documents that outline your insurer’s rules, exclusions and definitions of “disability.”

    All of this can help you figure out what logic your insurance company used to reject your original long-term disability benefits claim

    Step #3: Organize your evidence.

    Once you have information about why your long-term disability claim was denied, get ready to add more evidence to your file and make your case more convincing on appeal. 

    Some items that help include: 

    • Updated medical records
    • Functional capacity evaluations
    • Disability statements from your doctor
    • Vocational assessments that show you cannot function in workplace settings

    You can’t just sue your insurer because they denied your claim. You must go through the insurance company’s own appeal process first—that’s one of the main rules for ERISA plans.

    An Ohio long-term disability denial lawyer from HNB Law can help you with every step of this process.

    Don’t leave your appeal, and your effort to protect your economic stability and the life you’ve built, to chance.

    Contact HNB well before your 180-day appeal deadline.

    How an ERISA Appeals Lawyer Can Help

    Navigating an ERISA long-term disability appeal on your own isn’t easy. We recommend working with someone highly experienced with how insurers operate and how they find ways to deny your claim. 

    An Ohio long-term disability appeal lawyer can: 

    • Help you interpret your rejection letter
    • Analyze your complete claim file for issues
    • Guide you in talking to your doctor to get the medical evidence you need
    • Update your medical and vocational evidence to make your claim stronger
    • Identify weaknesses in the insurance company’s reasoning
    • Draft a comprehensive and convincing appeal letter
    • Connect you with vocational experts who can back up your claim that you can’t work
    • Field settlement offers and calculate fair compensation
    • Protect your rights under ERISA regulations
    • Help you take this appeal to court, if needed

    We understand how trying this situation is. 

    You thought you could rely on this insurance to help you if you got sick and couldn’t work, only to get denied long-term disability benefits.

    Ohio ERISA appeals lawyer Joseph McDonald knows this system well. He’s helped hundreds of people with ERISA cases in multiple states during his 30+ year career.

    The team at HNB helps you stand up to the insurance company. 

    If you live in Cleveland, Cincinnati, Columbus, Dayton, anywhere in Ohio, or in Kentucky or Michigan, and you’ve been denied long-term disability benefits from your ERISA-compliant insurance plan, reach out to us.

    Contact us to start your ERISA appeal.

    Frequently Asked Questions About Long-Term Disability Appeals

    Getting denied benefits by your long-term disability insurance company is frustrating and discouraging. But it doesn’t have to be the end of your effort to stabilize your finances as you deal with debilitating health issues. 

    When Should I Appeal a Long-Term Disability Denial?

    You should almost always appeal a long-term disability denial, and not just accept the insurance company’s word that you don’t deserve benefits. 

    File your claim carefully, because what you say in an appeal is what the court actually reviews.

    Get a long-term disability attorney to guide you in this. 

    What Should I Watch Out for After an ERISA Claim Denial?

    You might feel an impulse to send a letter to the insurance company stating that you disagree with their denial and want another chance.

    Wait.

    You need more than that to successfully appeal a long-term disability denial. You need substantial evidence and arguments. Some insurance companies will treat your letter as if it is a full legal argument and deny you again.

    It’s important to know that you can request copies of all the information the insurance company has about your claim, which is vital in countering their rejection. 

    Also consider how to talk to your doctors about your situation so they will provide the types of information you need for this kind of legal case.

    What Do Long-Term Disability ERISA Lawyers Do?

    This is a special area of law that most lawyers don’t know. HNB has long-term disability lawyers who are deeply immersed in it.

    Our disability lawyers study the regulations for ERISA workplace long-term disability plans, thoroughly document our clients’ medical limitations, analyze their claim files, correspond with insurance companies, help with decisions like settlements and different phases of cases, and take claims to court after all other options are exhausted. 

    It can be a great value to have a lawyer help you through this. You pay no attorney fee until you secure benefits.

    How HNB Helps Me: Types of Cases

    Your situation may call for a specific kind of case. Or maybe you can make multiple claims. An injury, for example, could involve personal injury, workers’ compensation or Social Security Disability claims. The lawyers at HNB can help you secure every available option.

    Hear from HNB Clients:

    Client testimonial for Dean Williams
    Dean Williams
    in Google Reviews

    “They met all of my needs, suggested avenues of approach in my case that I hadn’t thought of. The lawyers that handled my case at different levels were fully knowledgeable of all aspects of my case. Highly recommend this firm for your legal needs.

    Client Testimonial for Tim Wilson
    Tim Wilson
    on Facebook

    “HNB has a wonderful team of passionate attorneys who will work hard for you.”