Personal Injury Law

The Clock is Ticking After a Virginia Disability Benefits Denial

By Ben Glass

As insurance companies tried to clean up their books at the end of the year, many people started to receive letters stating that their long-term disability benefits were denied or terminated. Some of these letters even arrived on Christmas Eve.

If you have been denied long-term disability benefits in Virginia or if your benefits were terminated, you need to understand that the clock is ticking. When your benefits are cancelled or denied from a group disability policy, you basically have 180 days to appeal the insurance company's decision.

Employee Retirement Income Security Act
The majority of long-term disability policies offered by employers are governed under a federal law known as the Employee Retirement Income Security Act (ERISA). Under this law, individuals are allowed to pursue lawsuits, if their long-term disability claims are denied.

Do I Need a Lawyer?
The question many people have when dealing with disability benefits is whether or not they need a Virginia disability lawyer. While there might be different opinions regarding the answer, one federal judge made the statement that claimants who do not use an attorney during the appeal are at a distinct disadvantage if they end up in litigation.

You have to understand that the appeal is a crucial part of the disability process. If you do face litigation, the judge will basically be reviewing the information you submitted during the appeal. Therefore, it is important that you have a Virginia ERISA lawyer representing you.

To learn more about disability claim denials, view the video, ERISA Disability Denials Attorney Ben Glass.

Full post as published by Northern Virginia Personal Injury Lawyer on February 26, 2011 (boomark / email).