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Archive for July, 2021

How Long Does a Long-Term Disability Claim Take?

Posted on: July 26th, 2021 by Timothy Hendershot
Long-term disability claims require patience, persistence, and legal knowledge. We can help.

Long-term disability claims require patience, persistence, and legal knowledge. We can help.

When filing a long-term disability claim with your insurance, you’re probably wondering how soon you’ll begin to receive your benefits. Unfortunately, there is no clear-cut answer as several factors must be considered. Generally the initial decision about your claim can take between 45 to 105 days.

Here are some factors that can influence how long it will take and what you can do to speed up the claim approval process.

Policy Elimination Period

Firstly, the majority of disability insurance policies have an elimination period. This is the period from when you first became ill or injured until you start to receive your long-term disability benefits.

You have to remain continuously disabled during this elimination period in order to qualify for benefits. There is no chance you will ever receive benefits before the policy’s elimination period finishes.

Application Timelines and Deadlines

Generally, the timeline for processing your claim is dependent your type of long-term disability cover.

  • Individual Disability Insurance (IDI): If you purchased an IDI policy on your own, the insurer normally has a “reasonable” time frame to review and decide on your claim.
  • ERISA Disability: If you are covered with an ERISA disability plan through your employer, your insurer is required to follow tight timelines. These are 45 days for the initial decision, with two extra 30-day extensions if needed by the insurance company.

In other words, receiving your initial decision for an ERISA disability claim can take up to 105 days. It can take even longer for an IDI disability claim.

Challenging a Long-Term Disability Claim Denial

With an ERISA disability plan you must file an appeal within 180 days, in order to challenge a claim denial. The disability insurance company then has 45 days to make a decision. If they need more time, they can extend it by 45 days.

There is usually no appeal requirement with an IDI policy. This means that if you desire you can appeal or take the matter directly to court.

Why It’s Best to Hire a Lawyer to Help You Appeal

If you are appealing a denial under an ERISA disability plan, then this is your very last chance to submit evidence supporting your claim.

You are allowed to seek judicial review if your insurance company denies your appeal. However, only information contained in the insurance company’s claim file is allowed to be reviewed by the court.

This is why preparing your disability appeal for the insurance company is much the same as preparing your case for litigation in court. You have no way of correcting a mistake made at appeal level.

When litigating an IDI policy denial you may submit new evidence in court, however, litigation can be costly. Your chances of success with an appeal will be much greater with the help of an expert long-term disability lawyer.

Get Help from Expert Long-Term Disability Lawyers in Edmonds

At Cunnane Law, we have years of experience and a proven track record in long-term disability claims for clients in Edmonds and all over the Seattle area. This can be a very complicated area, and you don’t want to try to do this on your own. You don’t have to. Contact us today to start talking about your long-term disability claim.

Note: This information was provided not for any specific claim and is written in broad and general terms and may not be the right path to follow for a particular claim or case. This information is not intended to create an attorney client relationship. It is always best to receive direct legal counsel for your legal issues. It is never too early to call the attorney, but it can be too late.

Choosing a Long-Term Disability Lawyer

Posted on: July 16th, 2021 by Timothy Hendershot
Choosing a long-term disability lawyer can be confusing. It’s an important decision, and you don’t want to get it wrong.

Choosing a long-term disability lawyer can be confusing. It’s an important decision, and you don’t want to get it wrong.

If your insurance company has denied your long-term disability claim, you should immediately hire a long-term disability lawyer. With their powerful legal team and endless resources, your insurance company will try and intimidate you into dropping your claim. This is a battle you should not even attempt to handle on your own.

It is important that you choose the right disability lawyer for your case because it could impact the course of your future. Because it is such a vital decision you might find it somewhat overwhelming, especially when you already have so much to deal with.

Here are some of the main qualities to look for when choosing your long-term disability lawyer in Edmonds, Shoreline, or throughout the greater Seattle area.

Specializes in long-term disability insurance law

With so many rules and regulations, long-term disability insurance law is extremely complicated. This is why it is crucial to choose a disability lawyer with the knowledge of what to expect, as well as the track record to prove it.

If you’re appealing a denied disability claim it will be in your best interests to choose a lawyer who specializes in this area of the law.

Knows the law in your area

Disability laws differ from one state to another, and the procedure for challenging denials can vary from county to county.

To give you an example, the Western and Eastern Districts of Washington State are administrated differently. If you are fighting a disability claim denial in Spokane, your claim may not be subjected to Seattle court rules.

Hiring a lawyer who is familiar with the nuances of state disability laws and local court regulations can make a significant difference in the result of your claim. That is why it is critical to select a disability attorney who is not only licensed in your state but also has extensive expertise and knowledge of the law in your area.

Honest and truthful

Your chosen disability lawyer should be truthful and give you an honest assessment of your case, whether good or bad. Don’t be taken in by any empty promises or guarantees.

Read reviews from past clients to see if your lawyer is trustworthy.

Compassionate and understanding

At a time when you are already finding things difficult you need a lawyer on your side who will be both compassionate and understanding. Find someone who, besides listening, will believe you and give you all the support during the process.

Why choose Cunnane Law?

At Cunnane Law in Edmonds, WA, we know what it takes to fight and beat disability insurance companies. If your disability claim has been denied and you are not sure what to do next, reach out to us and let us fight on your behalf. Contact us today. We take on our clients burdens so that they can concentrate on taking care of themselves.

Note: This information was provided not for any specific claim and is written in broad and general terms and may not be the right path to follow for a particular claim or case. This information is not intended to create an attorney client relationship. It is always best to receive direct legal counsel for your legal issues. It is never too early to call the attorney, but it can be too late.

(425) 672-7100