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Appeal a disability denial or file a lawsuit?

There is nothing worse than receiving word that a disability insurance claim has been denied. If this happens, you may wonder how you will get by until you are able to return to work. Just because you receive a denial does not mean you have to give in. You have the right to protect yourself, which often includes an appeal or filing of a lawsuit.

The steps you take will depend largely on the type of policy you have.

For example, if you have an individual disability insurance policy, you do not need to file an appeal before a lawsuit. You have the right to file a lawsuit following your first denial.

With group disability insurance, however, your situation is a bit different. Thanks to the Employee Retirement Income Security Act of 1974, you are required to consider all administrative remedies before filing a lawsuit. This means that you need to follow the insurance company’s appeals process before taking the next step. In most cases, this means one mandatory appeal.

If you are unsure of your situation, if you don’t know what to do next, you have come to the right place. We can help you understand how to appeal a denial or file a lawsuit. Either way, we know that you want to receive your benefits as soon as possible.

You can learn more about this process online. You can also contact us via phone or online for personal advice. We don’t want you to give up after a denial. We want you to fight for your rights.

DarrasLaw is Americas' most honored and decorated disability litigation firm in the country. Mr. Darras has seen more, evaluated more, litigated more, and resolved more individual and group long term disability and long-term care cases than any other lawyer in the United States.

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