The Importance of Requesting Short-Term Disability (STD) and Long-Term Disability (LTD) Claim Files in Writing Before Appealing an Adverse Determination

Pursuant to Section 104(b) of ERISA and 29 C.F.R. §2560.503-1(h)(2)(iii), a long-term and/or short-term disability insurance company whose policy is governed by ERISA must provide the complete administrative claim file free of charge upon written request. This is important because it gives insight into the reasons the insurance company used to deny the claim and/or terminate disability payments. When a …

New ERISA Regulations Affecting Long-Term Disability (LTD) Claims

From time to time, the Department of Labor promulgates regulations under ERISA (The Employee Retirement Income Security Act of 1974) that affect the review of long-term and short-term disability claims. One such regulation recently went into effect. It allows claimants in disability insurance appeals to reply to evidence as the insurance company obtains it. This allows claimants and their attorneys …