Appealing a denied disability benefits claim

On Behalf of | Jul 13, 2018 | ERISA |

If you have a non-worked related injury and can no longer work, you’ll need long-term disability benefits. It’s not an easy process and it can be more stressful when your employer or insurance company denies your claim. You may feel at a loss, but remember that you have protections under the law.

Federal law provides certain protections to employees who receive pensions, retirement plans or health coverage from private employers. But what happens when your employer tries to skirt paying your disability insurance? In this post, we will discuss how you’re protected and how you can appeal the denied claim.

Legal Rights under federal and state law

Texas doesn’t require employers to provide disability benefits. Nonetheless, an employer may still choose to provide them. If this is the case, it is likely governed by federal law, which also means you’re protected by the law.

The law has many requirements for employers, such as that they must provide you with a summary of plan information and an explanation of how to file grievances or claims. It also requires your claim to receive a fair review. Any violations of federal law could result in civil or criminal penalties for employers, including fines and imprisonment.

Filing a claim

The process of filing a claim can be frustrating, exhausting and complicated. Earlier this year, the Department of Justice claims procedure for disability benefits. Some employers or insurance companies might deny your claim for a variety of reasons. Regulation requires these employers to provide you with an explanation of why the claim was denied and how you may appeal the decision.

Legal Help

Because the law is complicated and difficult to understand, employers may try to take advantage of your unfamiliarity with it. An experienced employee benefits attorney may be able to help you obtain the benefits you need.


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