Nassau: 366 North Broadway Suite 410 Jericho, NY 11753
Suffolk: 445 Broad Hollow Road Suite 25 Melville, NY 11747
Call Us Toll-Free: (888) 572-0861 Email: firstname.lastname@example.org
Long term disability (“LTD”) insurers have made it a habit of taking too much time to decide if claimants are entitled to benefits. Don’t let it happen to you.
A claimant with cardiovascular impairments from Huntington retained us after Lincoln Life denied his LTD application. We appealed.
LTD claims are governed by a federal law called ERISA. After an appeal, ERISA requires the insurance company to decide if a claimant will receive benefits, or request an extension of time, within 45 days. If the insurance company fails to do so, then its decision will be deemed denied.
When Lincoln Life failed to decide the claimant’s appeal in 45 days, we sued in federal court. Afterwards, Lincoln Life continued to add documents to the claim file that, not surprisingly, were adverse to the claimant’s application.
We filed a motion to preclude Lincoln Life from including the belatedly created documents from the administrative file record that the district court judge will review when deciding if the claimant is entitled to LTD benefits. Magistrate Judge Locke granted the motion, and his decision can be found with the Court Decisions under the Resources tab on our website.Previous Next
DISCLAIMER This website provides general information on disability law topics as a public service. Information is intended to be as accurate and current as possible, but should not be relied on as legal advice. No attorney/client relationship is created by viewing or using the content on this website. Each legal problem is different, and past performance does not guarantee future results. You should not act on any of the information contained in this site without first consulting legal counsel, which is why readers are advised to seek experienced legal representation in connection with disability related issues. Our Internet links are not associated with us, and we do not guarantee the accuracy of, any information contained in any link. Past performance doesn’t guarantee future results.
Copyright © 2023, Law Offices of Jeffrey Delott
Site Powered By: WebDesignYou