Long Term Disability Law Blog
If you’re covered by an American General or AIG policy through your employer, you may wonder what to expect when it comes to seeking long term disability benefits through this policy. Navigating the world of disability benefits can be a challenge, especially when you’re dealing with a behemoth insurance carrier like AIG. Learn more about filing for AIG disability insurance benefits and how to appeal if your disability insurance claim is denied.
What Claimants Should Know When Filing an AIG Disability Benefit Claim
The majority of AIG American General long term disability insurance policies are offered by companies to their employees, generally known as ERISA policies. This can mean a couple of things when it comes to how American General will approach your claim (and what you can do to support it).
Because ERISA is a federal law (the Employee Retirement Income Security Act), ERISA disability insurance claims are litigated the same way throughout the country. Claimants can file an ERISA disability insurance lawsuit in any district court in the U.S., from the Eastern District of Maine to the Southern District of California.
But while ERISA disability insurance lawsuits follow a set path, AIG policies can be unique, as compared to the boilerplate policies used by other insurance carriers with larger disability insurance divisions. It’s often a good idea to seek out legal advice before filing a claim for disability insurance benefits with AIG, since an attorney can help you navigate the nuances of your policy just by looking at a copy.
You’ll also want to review your policy to identify the elimination period. Many policies have a 180-day elimination period, which means that if your disability insurance benefits claim is approved on Day 91, you’ll still have nearly three months to wait until you receive your first disability check. Claimants shouldn’t wait until the last minute to file, especially if you’re at risk of losing your job.
How to Appeal Your AIG Disability Benefit Claim Denial
Under ERISA, a disability insurance claimant must file an administrative appeal of their claim denial before they can sue for benefits in federal court. This disability insurance administrative appeal must be filed within 180 days after the claim denial letter is issued, and if this deadline is missed, the disability insurance claimant may be unable to sue later.
The appeal record is the most important document that will be created during the course of an ERISA disability claim and provides claimants with their last opportunity to present information to the review panel (and, later, a judge). By getting any additional testing or medical documentation necessary to prove your disability under the terms of your AIG policy, you’ll be in good shape to litigate the case if your appeal is denied.
Why Claimants Should Create a Custom Attending Physician Statement
Filling out a disability insurance claim application can be a challenge when it requires claimants to condense years of medical history into a few short lines. By drafting a custom attending physician statement that succinctly describes the symptoms of a claimant’s disability and how it impacts their ability to work, claimants can improve their odds of approval and create a more comprehensive administrative record.
Regardless of whether you’re just thinking of filing a long term disability claim or are hoping to appeal a claim denial, the experienced team at Dell & Schaefer can help. Give us a call to set up your FREE consultation today.