If your claim is denied and governed by ERISA, you are required by federal law to file at least one appeal. ERISA regulations require that an appeal must be filed within one hundred and eighty (180) days from the date of the insurance company’s denial letter; so it is imperative that you quickly and efficiently take proactive steps to appeal the insurer’s decision.
For both ERISA and private disability claims, the time frame to file a lawsuit is typically governed by state contract law, unless the applicable disability plan requires a disabled claimant to file suit within a shortened period of time. If you are considering filing a lawsuit, it is imperative that you consult a lawyer expeditiously to determine if your claim can be timely filed within the applicable statute of limitations.