Benefits Claims Procedures

Your long-term disability claim record will be reviewed by a judge if you have to file an ERISA lawsuit because it is denied. A proper and complete claim file is critical.

From the beginning of your claim, you must follow all of the prescribed procedures in order to preserve your rights. Adhering to the rules at the early stages of your claim and appeal can make the difference between success and failure in a lawsuit.


Your long-term disability insurance plan or policy should state when a claim must be filed. The ERISA regulations regarding time frames and deadlines are very technical. The benefits claims procedures are set out in federal regulations and provide as follows for disability claims:   

  • A long-term disability insurance company has 45 days to accept or reject your claim.

  • The insurance company can inform you within that 45-day period that it needs a 30-day extension for a good cause.

  • The company may request yet another 30-day extension during the first 30-day extension.

  • All in all, the insurance company may take up to 105 days to make a decision on your claim.

  • If the company requests information from you during the claim process, it may seek to prolong the 105-day period even more.

  • If your claim is denied, you must appeal or request a review within the time period in the policy or plan, which must be at least 180 days for a disability plan.

  • After a claim is denied, you should consult with an attorney as soon as possible to maximize your chances for a successful appeal.

Contact us today for a free initial consultation.

The Martin Law Group is dedicated to being your go-to ERISA attorneys and long term disability lawyers. Whether you are pursuing a long-term disability claim, life insurance benefits, or your pension or retirement benefits, we will meet with you face-to-face to discuss your claim at a location convenient for you. 


In an effort to make disability claims as easy as possible, we offer a free initial consultation. We often work with clients in Huntsville, Mobile, Birmingham, Montgomery, Dothan, Tuscaloosa, and Florence, in Alabama, as well as with clients in Columbus, Meridian, Jackson, Hattiesburg, Tupelo, and Gulfport, Mississippi, and surrounding areas.

Contact us today for a free consultation.


Tuscaloosa Office

2117 Jack Warner Pkwy
Suite #1
Tuscaloosa, Alabama 35401
Toll-Free: 800-284-9309
Local: 205-343-1771

Birmingham Office

The WSK Building
2323 2nd Avenue North
Birmingham, Alabama 35203
Toll-Free: 800-284-9309
Local: 205-343-1771
  • Long term disability lawyer
  • ERISA disability lawyer
  • Retirement benefits lawyer

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