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Don’t Be Late Timing is Key Once You’ve Been Denied Long Term Disability Benefits

7 Jun 2020

Don’t Be Late. Timing Is Key Once You’ve Been Denied Long-Term Disability Benefits

My name is Brandon Osterbind. I’m an injury and disability attorney here in Central Virginia and I help people whose long-term disability claims have been denied by their insurance company. Today, I want to talk to you about something that is very important in the life of your long-term disability appeal.


You get 180 days to appeal the denial

The Employee Retirement Income Security Act, called ERISA for short, gives you 180 days to appeal the insurance company’s decision to deny your long-term disability claim.

Let’s say, you file your claim 45 days later. Maybe in another 45 days they ask for an extension. Then the insurance company will send you what we call a denial letter. And then, once you have received the denial letter, you have 180 days within which to appeal your long-term disability denial.


If you miss your deadline…

And if you don’t appeal that long-term disability denial, then your claim is over and done with. There is nothing more that can be done. It’s almost like a statute of limitations. If you don’t file within 180 days, then your claim will always be denied and the insurance company will not be required to pay your monthly benefits.


What you must do immediately

That’s a problem for a lot of people. What I typically tell people is, “Once your claim has been denied and you receive that denial letter, and once you have the denial letter in hand, you need to seek the advice of a trusted attorney who can help you with that claim.”

And once you seek the advice of a trusted attorney, your attorney needs to start working on that claim ASAP. 180 days roughly equates to about six months. And once you get to be over 30, six months fly by in a heartbeat. You’d be shocked how fast that time is going to go by.


Why time is so crucial

If your claim has been denied, timing is key. It usually takes at least 30 days to get the claim file from the insurance company. It usually takes at least 30 days to get updated medical records from your healthcare providers. All of these things are absolutely, 100% necessary to win your appeal.

Also, make sure to leave enough time for the attorney that you hire to represent you well by getting all the information that he or she needs to submit to the insurance company that will change their minds.

I hope this has been helpful. Of course, if you have questions about the timing of your appeal, we are just a phone call or an email away. We’d be happy to talk to you about your denial letter and give you some advice and recommendations on how to win your appeal.

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Brandon and his team at Osterbind Law are truly peerless. This is exactly how a modern personal injury firm should operate. The firm is holistic in its approach and thoughtful. It's no wonder why they get such great results for their clients. And no surprise, their clients love them. I've had the pleasure of working with Brandon on a professional level and he levels up, big time. Kudos.
Nathaniel Amendola
3 months ago

Very compassionate and knowledgeable people who helped us with our situation. They worked quickly and I can’t tell you how grateful I’m they were so caring. I would recommend this firm to anyone that anyone
Lori Rudder
a year ago

The entire team at Osterbind Law are incredible. They communicated with us with every step and process that was happening . They provided the knowledge, support, and empathy to us on the case. And when the curve ball was thrown, they dug in deeper. I have nothing but the highest respect for Brandon and Hannah and the entire team. They made us feel more like a family, than a client.
Wendy Shull
a year ago

The staff is caring and very knowledgeable. They help you as quickly as possible, and worked very hard for us. I'm so pleased with the way they assisted us.
Meghan Rudder
a year ago

Brandon and his team did a great job helping me through my case. I'm so glad I chose him and stuck with him through the transition to his own firm. The staff is very knowledgeable and friendly. They feel like family after all this! Thank you for everything!!Amber J
Amber Higby
2 year ago
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