Important Time Deadlines for Long-term Disability Appeals

Posted on August 9th, 2018

The denial you receive from an insurance company carries strict time deadlines in which you are allowed to appeal.  You should understand two important rules: 1) if your claim is denied by the insurance company, you cannot submit more evidence later in court, but are limited to the information submitted to the insurance company, so the most important time to hire an attorney is before you file any appeal.  2) you must not miss the appeal deadline given by the insurance company (usually 180 days); if you miss that deadline, your case will likely be dismissed by a court later on for failing to appeal.

In order for the professionals at Eric Buchanan & Associates to present the strongest case possible, we also work within timeframes to prepare your case. Listed below are the time deadlines you will want to keep in mind when the notice of denial arrives:

  • 180 Days. The initial denial from the insurance company usually allows 180 days for an appeal to be filed in a disability case. Be warned, however, some companies only allow 30 days, 60 days, or something shorter.
  • 60 to 90 Days. Is Eric Buchanan & Associates’ timeframe in which to develop your file. We will order medical records, obtain sworn statements, gather employment records and any other required material to develop your case.
  • Another 60 to 90 days. If you come to our firm within the 180 day allowance for the initial appeal, we will normally be able to submit the information supporting your claim during the 180 days; however, if you come to us having waited some time before deciding to appeal, and it is close to the end of the 180 days, we will file the appeal on time, but may have to request an extension of time of 60 to 90 days to submit additional information to the insurance company. Waiting until close to the end of the 180 days can be risky, however, so please try to contact us as soon as you receive a denial from the insurance company.
  • 45 Days. Once the appeal is filed, the insurance company has 45 days to respond.
  • Additional 30 to 45 days. The insurance company can request an extension to finish reviewing your claim.
  • 115 Days. If the insurance company does not make a decision with 115 days from filing the appeal, we will decide if there are grounds for a lawsuit.

Getting Legal Help

The experienced disability team at Eric Buchanan & Associates has handled thousands of disability claims, and has many years of experience in disability insurance, ERISA long term disability and Social Security disability law. Give us a call today at 877-634-2506 or email us at info@buchanandisability.com  to set up your appointment.