Your Options When Long Term Disability is Denied

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If you have had a claim for a long term disability denied the first step to take is to determine if you have a right to appeal the decision or request a reconsideration of your disability benefits claim.  If you are able to appeal the decision, you must then determine how much time you have to appeal the decision with the State, Federal or private long term insurance entity with which you filed your claim and subsequently received notice of a denial of that claim. 

Immediately File a Written Notice of Appeal

  • Veterans Administration claim an appeal can be noticed for one year after the date on the notice letter
  • Social Security Disability Insurance program or the Supplemental Security Income program notice of appeal must be received within sixty days of receipt of the denial notice letter
  • In private long term insurance policies the appeal policies and dates of notice of appeal after issuance of an adverse decision on a claim differ.
  • State Worker’s Comp decisions can be appealed to the Worker’s Comp Board of Appeals and notice of the appeal must be timely submitted to retain appeal rights.   The time period for noticing an appeal is different in each State so check your particular State codes.  

It is important to determine how long you have to contest the denial of benefits, the required form the notice of appeal must take, whether it must be in writing or on an approved entity generated form of some kind and the amount of time after the adverse determination notice within which the entity will receive the claimant appeal notice.  Many people would take the additional step of contacting a disability lawyer and discussing the benefit denial notice with him.   

Reconsideration Process

There claimant will need to determine each basis by which his claim was denied by the entity and become prepared to take the right steps to contest the benefits denial by provide additional medical information and evidence to support the validity of his claim and contest the denial of benefits.

Getting Legal Help

If you or a member of your family has had a claim for a long term disability denied by a Social Security program, a private long term disability insurance carrier, Workman’s Comp claim or other similar long term disability insurance carrier it may be important to discuss the claim denial with a disability lawyer.  An attorney can provide valuable guidance on the steps needed to appeal the denial and determine and address the entity's reasons for turning your claim down.

This article is provided for informational purposes only. If you need legal advice or representation,
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