Did you apply for LTD? We’re sharing how long, on average, it takes for you to hear a response.
After applying for or appealing a denial for Long Term Disability benefits, the wait to hear from the insurance company with a decision can seem like an eternity. The insurance company is allowed 45 days to make their decision under the applicable regulations in an E.R.I.S.A. claim. However, they are granted an additional 45 days, should they request it, as a matter of right. This means that typically the window of time is much closer to 90 days than 45 days in the majority of cases we see in our office.
In addition to this time frame, a claimant is now entitled to review a Medical Reviewer’s Report prior to a decision being made under recent case law. This means that the insurance company will send you a copy of the report that is generated by a “medical reviewer” that they hired to look through your medical records and make a determination regarding your functionality.
The new case law allows claimants and/or their treating physicians an opportunity to comment on the report and its potential inaccuracies before a final decision is made. While this is a good thing for the claimant to take advantage of, it can cause delay in the decision-making time frame. If a claimant and/or their attorney believes that an inaccuracy in the report requires comment, any time that the response takes means that the timeline will be tolled until the insurance company receives the comment back in their office.
While the time frames may seem unbearably long, it is important to remain patient and continue to fight for the benefits to which you are entitled. When representing our clients, the Law Office of Herbert M. Hill does not allow insurance companies to use dilatory tactics to delay the decision-making process. We know how long they are entitled to take and we allow no extra wiggle room in that equation.
If you have any questions about this issue or any other problem you are experiencing with your Short Term Disability or Long Term Disability claim, please give Herbert M. Hill, P.A. a call and we would be glad to discuss the matter with you. We are available at 407-839-0005 or, toll-free, 844-454-59995, If you would like, after discussing your case, we can set an office conference. In most circumstances, that conference would be free of charge but in no circumstance would you be under any obligation to hire me nor would you feel any pressure from me to do so.
Herbert M. Hill, P.A. is a law firm located in Orlando, Florida with a practice extending throughout the state of Florida and southeastern United States. While the majority of cases handled are for disability insurance benefits, areas of practice include any claims arising under the Employee Retirement Income Security Act (“ERISA”) for disability benefits, medical benefits, retirement benefits of any sort, including pension, 401k, termination agreements or the like as well as claims arising under private disability policies.