Should I pursue an appeal or file a lawsuit?
Employment Employee Rights Government Social Security Lawsuit & Dispute Lawsuit
Summary: After you have been denied benefits, you must first appeal before you can file a lawsuit.
Cases governed
under ERISA (Employee Retirement Income Security Act) require you to file at
least one administrative appeal to the insurance company. Once that appeal, and
any subsequent appeals are exhausted, you then have the right to file a
lawsuit. It is typically recommend that you file an appeal and at that
point, decide whether you want to file a lawsuit or pursue a second
administrative appeal, if allowed. Sometimes, it is better to work with
what is already in the file, rather than giving the insurance company more
chances to strengthen their case. On the other hand, if you case has some weak
spots or issues, you may want to consider filing a second appeal to address
those problems before filing a lawsuit.