Do I Really Have to Go Through An Administrative Appeal to Get My Long-Term Disability Benefits?
My long-term disability insurance benefits application was denied. Now, they say that I have to appeal. I don't want to appeal - I just want to sue them and get the benefits I am entitled to. Do I really have to go through the administrative appeals process?
The answer to your question depends on the language of your insurance policy and what law applies to your policy, but if you want to challenge the denial of your claim it is not unusual for insurance policies to require that you go through an administrative appeals process before going to court
You should give serious consideration to seeking legal advice to help you through any administrative appeals process that is required under your policy. If the policy is governed by a federal law known as ERISA (the Employee's Retirement and Income Security Act of 1974), compliance with the administrative appeals process is essential to the success of your case. Success in any court action after the administrative appeal process a is extremely dependent on the contents of the file the insurance company accumulates as part of the appeal.
