FAQ – How Long Will It Take to Get An Initial Decision on my Disability Claim? | Hudson Long Term Disability Lawyer

You have sent in your claim for disability benefits and are now waiting to hear whether your claim has been accepted for whether it will be denied. How long will it take to get the initial decision on your disability claim?

Once the claim is received, a plan has 45 days under the ERISA regulations to make a decision. If more time is needed, a plan can notify you in writing asking you for an extension of 30 days. However, the plan must ask for this extension before the end of the 45 day time and can only ask for that extension because of “matters beyond the administrator’s control.”

And, guess what? The plan can ask for a second 30 day extension.  The plan has to ask for that second extension during the first 30 day extension.

So, we start out with a 45 day base waiting period that can be extended for 60 days for a total of 105 days.

But that period can be extended if the disability carrier sends you a request for information. That stops the clock!

If you want to start the clock again, you need to promptly provide the information that has been requested and send it certified mail. If the disability carrier asks for more information after you’ve sent in your claim, that’s another signal you need to retain an experienced disability attorney like Nancy Cavey.

The short-term or long-term disability carrier is looking for something specific and if you don’t give it to them is likely your claim will be denied. You probably won’t have a clue as to what it is they’re looking for unless you understand the policy terms and your medical records.

If you don’t have the information lto et the disability carrier know in writing sent by certified mail, return the receipt requested. If you are trying to get the information, notify them of any problem you are having and let them know what you’re doing to get this information.

Better yet, retain and experienced disability attorney. This process is full of pitfalls. Don’t be lulled into thinking you can give the disability carrier what they want and they will happily send you a disability check. Disability carriers are in the business of collecting premium and not necessarily in the business of paying disability benefits.

If you have any questions, please give us a call at 727.894.3188 or contact us online by clicking here.

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