There are several phases of the decision process revolving around a long term disability claim. The initial decision process can take anywhere from 45 days to 105 days to provide the claimant a notification in writing about the status of the disability claim.
When you file a long term disability claim:
If you notice that the turnaround time for the initial phase of the claims process is taking longer than 45 days, you should consult with an attorney as soon as possible. It is a good idea to have a litigation attorney retained so that you can ensure that the claims process runs smoothly from inception to decision and/or appeal.
If by chance, your disability claim is denied, then the insurance company needs to cite the part of the plan provision that the denial is based on in the denial letter. If there is no basis of denial, then you should have your lawyer step in and handle the rest of the process on your behalf from that point forward. At this point you will have the right to file a letter of appeal regarding your claim. The plan administrator is supposed to give you at least 180 days after you receive your denial letter to send in a letter of appeal. If by chance the insurance company that you are working with denies you that 180 day window of appeal, then you should definitely have your lawyer step in.
During the appeals process, the plan administrator is not supposed to revert back to the initial denial at all. Instead he or she is supposed to review your claim against the disability laws that govern disability claims. It is crucial that you have a disability attorney who can assist you through each step of the process, both in filing your claim and in handling denials, in order to receive a quick and fair decision on your claim.
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