What are my options if my disability insurance claim is denied?
Navigating the appeal process when your claim is denied depends on whether or not your disability insurance policy is governed by the federal law, ERISA (Employee Retirement Security Act of 1976). If your policy is ERISA-governed then specific steps must be followed prior filing a lawsuit. Many group and most employer provided disability policies are governed by ERISA. However, please see the ERISA section of this website for additional information. Because of the complex nature of the ERISA rules, it is often wise to hire an attorney who is experienced in disability insurance and ERISA right from the beginning to guide you through this process in order to protect your rights. If your disability policy is an individual policy not governed by ERISA (usually policies procured by the insured, managed by the Insured and paid directly by the Insured are not governed by ERISA) then you have the right to bring a civil lawsuit and are not obligated to file an appeal with the insurance company.
