We do not handle Social Security Disability (SSDI) claims.

How long do you have to file an ERISA appeal?

Shawn E. McDermott

An insurance policy covered by the 1974 Employee Retirement Income Security Act (ERISA) gives you certain rights. The insurer must handle your claim in accordance with those rights. That does not mean they will.

Every year, many employees who believed taking out these policies would guarantee them protection are surprised when the insurer rejects their claim.

Insurers do, of course, have a right to reject certain claims. For example, claims for conditions the policy does not cover or claims that the claimant failed to submit in time. However, they often reject them because the claimant failed to supply all the information or made mistakes on the form. They know some people will take their rejection as final, saving the insurer money.

You can appeal a denied claim

If your insurer rejects your claim, do not waste time complaining or despairing. Instead, get legal help to launch an appeal. You do not have forever. While you have at least 180 days, you should check your policy for the exact time. Regardless, every day waiting is a day more without the payments you undoubtedly need.

You might think you can take your time and recover the money later, but with the cost of everyday items rising, your savings may run out sooner than you thought, and you cannot bank on your appeal succeeding.

Getting legal help to file your ERISA claim the first time around is always wise. Yet, help becomes even more crucial once the insurer denies your initial ERISA claim. You only have limited opportunities to fight their decision, and you cannot afford to squander another chance to get the disability payouts you may rely on for years to come.

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