Should I Appeal the Denial of my Benefits?
Yes. Under ERISA, you are generally required to exhaust the appeals process before bringing a lawsuit. You are entitled to a free of charge copy of your entire claim file and plan documents, both of which should be requested and carefully reviewed before submitting your appeal. Unlike some other areas of the law, the evidence you are allowed to present in court is limited to the evidence you present during your appeal. Therefore, the appeals process is an incredibly important part of your disability case. Even if you are unsure as to whether you want to file a lawsuit, you should consider participating in the appeals process in case you change your mind down the road.
Because of how important the appeals process is to your case, we advise you consult with an attorney before submitting any appeals. You are entitled to representation on appeal, and Ronstadt Law is here to help. We work to secure the best available documentation in support of your disabling conditions. Often, it will be beneficial to seek additional testing, and we can help you determine what further testing you should obtain after a thorough review of your case. We will gather the necessary medical evidence and make the legal arguments in support of your disability benefits.
If you have had your long-term or short-term disability benefits denied, contact Ronstadt Law for a consultation today.