Contributing Author: Kristine Custodio Suero, Advanced Certified Paralegal
Long-term disability (LTD) insurance is designed to protect your income when a serious illness or injury prevents you from working. But when your benefits are governed by the Employee Retirement Income Security Act of 1974 (ERISA), the process for obtaining—or appealing—a claim denial can be more complicated than expected.
At Schechter Benefits Law Group LLP, we help individuals navigate the ERISA disability claims process with confidence and clarity.
What Makes ERISA Disability Claims Unique?
Unlike private insurance policies, ERISA-governed LTD plans follow a strict federal regulatory framework. Key differences include:
- Administrative exhaustion: Before filing a lawsuit, claimants must first file an internal appeal with the insurance company.
- Short appeal timelines: Typically, claimants have only 180 days to appeal a denial.
- Limited litigation discovery: Courts generally review only the administrative record developed during the claims process.
- Deferential standard of review: Courts often give the insurer's decision deference unless specific exceptions apply.
Common Pitfalls in LTD Claims
- Incomplete or outdated medical records
- Insufficient documentation of functional limitations
- Overlooking insurer-imposed deadlines
- Misunderstanding the policy's definition of “disability”
If your benefits have been denied or terminated, your chances of success depend on how well your claim is documented—before litigation ever begins.
Why Legal Representation Matters
Engaging an attorney early in the process can make a significant difference your chances of a successful outcome. We help clients build comprehensive administrative records, work closely with treating physicians to document limitations, and ensure deadlines are met.
If you've received a denial of disability benefits, do not delay. Timelines are tight, and your financial security may be at stake. Contact Schechter Benefits Law Group LLP for a confidential consultation.
*Nothing stated herein is to be construed as legal or tax advice and shall not form any attorney-client relationship. Each individual situation is unique. Please contact us and speak with one of our attorneys regarding your individual situation.
