Living with Crohn’s Disease is no easy feat. It is a chronic inflammatory bowel disease that can cause abdominal pain, diarrhea, and weight loss. For many individuals, it can become a debilitating condition that affects their ability to work and maintain a steady income. Fortunately, many disabled individuals with Crohn’s Disease may be eligible for long-term disability benefits. However, obtaining these benefits is not always straightforward, especially if the policy is governed by the Employee Retirement Income Security Act (ERISA). In this article, we will discuss the process of appealing the denial of group long-term disability benefits governed by ERISA for individuals with Crohn’s Disease.
What is ERISA?
ERISA is a federal law that governs most employee benefit plans, including group long-term disability insurance policies offered by employers. ERISA sets the minimum standards for these plans and provides certain protections to plan participants and beneficiaries, such as the right to appeal a denial of benefits.
Why Was My Claim Denied?
Your claim for long-term disability benefits may have been denied for various reasons. Some common reasons for denial include:
- Lack of medical evidence: Your medical records may not provide sufficient evidence to support your claim for disability benefits.
- Failure to meet the definition of disability: Your insurance policy may have a specific definition of disability that you must meet to receive benefits. If you do not meet this definition, your claim may be denied.
- Failure to comply with the terms of the policy: Your claim may be denied if you did not meet the requirements of the policy, such as filing your claim within a specific timeframe or attending medical exams.
- Administrative errors: Your claim may have been denied due to an administrative error, such as a mistake in processing your claim or a misunderstanding of your medical condition.
What Should I Do If My Claim Was Denied?
If your claim for long-term disability benefits was denied, you have the right to appeal the decision. ERISA requires that you exhaust all administrative remedies before filing a lawsuit, which means that you must follow the appeals process outlined in your insurance policy.
Here are the steps you should take to appeal the denial of your claim:
- Step 1: Request Your Claim File
- Under ERISA, you have the right to request a copy of your claim file, which includes all the documents that the insurance company used to evaluate your claim. You should review your claim file to understand why your claim was denied and to identify any errors or omissions.
- Step 2: File an Appeal
- Your insurance policy should provide instructions for filing an appeal. You will need to submit a written request for appeal and provide any additional information or documentation that supports your claim. It is important to submit a comprehensive appeal that addresses all of the reasons why your claim was denied.
- Step 3: Review the Insurance Company’s Response
- The insurance company has a specific timeframe for reviewing your appeal and issuing a decision. If your appeal is denied again, the insurance company should provide a detailed explanation of why your claim was denied and the specific evidence or policy provisions that support their decision.
- Step 4: Consider Filing a Lawsuit
- If your appeal is denied, you may have the right to file a lawsuit in federal court. This is a complex process that requires the assistance of an experienced ERISA lawyer.
How Can an ERISA Lawyer Help?
Navigating the ERISA appeals process can be challenging, especially if you are dealing with a debilitating medical condition like Crohn’s Disease. An ERISA lawyer can help you:
- Understand your legal rights and obligations under ERISA.
- Review your claim file and identify any errors or omissions.
- Draft a comprehensive appeal that addresses all of the reasons why your claim
Don’t go it alone. Call Walker & Hern today for a free attorney consultation.
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