• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Home
  • About Us
    • Our Team
    • Firm Overview
    • Lawyer Referrals
    • General Referrals
    • Podcast
    • Newsletters
    • Careers
    • Communication Policy
  • Personal Injury Cases
    • Car Accidents
    • Tractor Trailer Accidents
    • Drunk Driving Car Accidents
    • Motorcycle Accidents
    • Faulty Products Causing Injury
    • Dog Bite Injuries
    • Pedestrian Accidents
    • Slip and Fall Injuries
    • Workers’ Compensation
    • Medical Malpractice
    • Wrongful Death
  • Disability Insurance Denials
  • Results
  • Reviews
  • Blog
    • Personal Injury
    • ERISA Disability
    • Workers’ Compensation
    • Medical Malpractice
    • Wrongful Death
  • Free Info
    • Free Injury and Disability Books
    • Personal Injury Settlement Calculator
    • Win Your Own Personal Injury Case
    • Personal Injury FAQ Videos
    • ERISA Long-Term Disability FAQ Videos
    • Client Portal
  • Contact
    • Book Now!

Virginia Personal Injury and Disability Lawyers

Trial Lawyers.

  • Facebook
  • Instagram
  • LinkedIn
  • Twitter
  • YouTube
CALL TODAY : (434) 515-2807
Free Strategy Session
Call
Contact
Blog
  • Home
  • About Us
    • Our Team
    • Firm Overview
    • Lawyer Referrals
    • General Referrals
    • Podcast
    • Newsletters
    • Careers
    • Communication Policy
  • Personal Injury Cases
    • Car Accidents
    • Tractor Trailer Accidents
    • Drunk Driving Car Accidents
    • Motorcycle Accidents
    • Faulty Products Causing Injury
    • Dog Bite Injuries
    • Pedestrian Accidents
    • Slip and Fall Injuries
    • Workers’ Compensation
    • Medical Malpractice
    • Wrongful Death
  • Disability Insurance Denials
  • Results
  • Reviews
  • Blog
    • Personal Injury
    • ERISA Disability
    • Workers’ Compensation
    • Medical Malpractice
    • Wrongful Death
  • Free Info
    • Free Injury and Disability Books
    • Personal Injury Settlement Calculator
    • Win Your Own Personal Injury Case
    • Personal Injury FAQ Videos
    • ERISA Long-Term Disability FAQ Videos
    • Client Portal
  • Contact
    • Book Now!

Stop Appealing Your Own Denial Letters

14 Jan 2021

You should not appeal your long-term disability denial letter without the assistance of an attorney. A qualified attorney knows how to appeal ERISA disability cases. Don’t hire a general practice attorney, a family law attorney, or some guy who represented you in a traffic ticket years ago and you thought he was a nice guy. Those are not the people that you should have helping you appealing your denial letter.

You need to have an attorney who understands the process, who’s been through the process and understands what is at stake if you lose in the process. You also then someone who’s willing to go to federal district court on your behalf if you lose. If they’ve done all the groundwork you have a better chance to prevail later on down the road.


The Problem With Appealing on Your Own Denial Letter

A lot of these policies will only give you one opportunity to appeal your denial letter before you have to go to federal district court.

And, if you do not include all of the evidence that supports your disability in that initial claim and in your appeal, then your claim will be denied.

Further, you will have very limited arguments going forward in federal district court. You can’t bring new evidence out in federal district court. The only thing that you can do in federal district court is to rely on the administrative record. This is what you create in your appeal within the insurance company in your appeal.

So if the insurance company sends you a denial letter for your long-term disability claim, and you have one opportunity to appeal, then this is it, folks. And, if you don’t do everything that you need to do within that 180 days, then you are out of luck. You will not be able to win your case when you get to federal district court.

Some Insurance Policies Give You Two Appeals

Now, alternatively, there are some policies that will give you two levels of administrative appeals.

If that is your policy, then you have two bites at the apple. You have two chances to take your administrative appeal and to fill the administrative record with information that supports your claim for long-term disability. But if you don’t do it right the first time, then you’re essentially waiting an entire year for nothing.

Do it right the first time, hire an attorney to appeal your denial letter.

Yes, it costs money. Yes, it’s not exactly what should. You should have been approved to begin with. They should have done the right thing. Yada, yada yada. I understand all of that.

But at the end of the day, it’s the difference between getting something that’s really good and not getting anything. And then having to rely on the federal government, which is well known for its ability to handle money, to take care of you in your disability.


No Need to Rely on The Government: Make Your Insurance Pay What They are Required

So let’s not rely on the federal government. Let’s rely on the insurance policy that you are protected by. They have agreed to cover you for a disabling condition that makes you unable or prevents you from being able to maintain the duties of your “own occupation” for that first two years and for “any occupation” for the next years after that.

So make sure that you hold their feet to the fire, hire an attorney to appeal your denial letter. Hire an attorney who knows what they’re doing and then do it right the first time. Stop using half measures to try to save a little bit of money.

Folks, let me tell you that people that I’ve seen exhaust their denial letter administrative appeals without putting enough information into the administrative record, have done so to their own detriment.

Don’t be that person.

Hire an attorney sooner rather than later, you won’t regret it.

If you need help, if you would like us to review your denial letter and to let you know if we think that you have a claim for appeal or for appealing that long term disability denial, we would be happy to look at that denial letter for you, give you some advice on what you should and shouldn’t be doing, and then help you appeal your denial letter so that you can win the very first time. Give us a call, send us an email or send us a message on Facebook. We’d be happy to help.

Primary Sidebar

Download Our Free Books!

Related Blogs

  • Can I sue my insurance company for denying my claim?

    10 Oct 2021

    Often, Read More

  • The one line appeal letter

    21 Sep 2021

    Most Read More

  • What if I could do some parts of my job but not all of them?

    14 Sep 2021

    So Read More

Case Results

$940,000 in Settlements For Broken Clavicle and Torn Rotator Cuff

Personal Injury | Workers’ Compensation

View Project
Traumatic Brain injury Results In $395,000 in settlement

Personal Injury | Workers’ Compensation

View Project
$280,000 Settlement for Labral Tear after Rear-End Collision

Personal Injury

View Project

Reviews

Free Strategy Session

Footer

Free Strategy Session

Legal Awards

Client Reviews


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
Read More ReviewsWrite a Review
  • 1216 Greenview Drive, Suite A
    Lynchburg, VA 24502
  • Email Us
  • Call Us
    (434) 515-2807

© 2023 Virginia Personal Injury and Disability Lawyers. All rights reserved.

  • Facebook
  • Instagram
  • LinkedIn
  • Twitter
  • YouTube
Quick Help