US EditionCan I File a Lawsuit Against My Disability Insurer if it Fails to Decide My Disability Claim?
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Can I File a Lawsuit Against My Disability Insurer if it Fails to Decide My Disability Claim?
If you have disability insurance through your employer, it is likely governed by the Employee Retirement Income Security Act (ERISA), a federal law regulating employee benefit plans. Under ERISA, courts have determined that claimants cannot immediately sue an insurance company or plan administrator after a disability claim denial. Instead, the employee must ‘exhaust’ the plan’s prelitigation appeal process by submitting a claim denial appeal an…
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