If you’ve received a denial of your long-term disability (LTD) claim, you may be considering appealing the decision. While it’s a daunting process, the good news is that you don’t have to hire a lawyer in your home state to help you with your appeal—especially if your claim is governed by ERISA (the Employee Retirement Income Security Act).
ERISA: A Federal Law Governing LTD Claims
ERISA is a federal law that sets standards for most employer-sponsored health and disability insurance plans. Because it’s a federal law, ERISA claims are handled in federal court, where local state laws have little effect on the process. This means that an attorney from any state can represent you, as long as they are qualified in federal law and experienced in handling ERISA claims, can represent you.
The key takeaway? You’re not limited to working with a local attorney.
Federal Courts Can Hear Cases from Any State
When dealing with an ERISA claim denial, it’s important to understand that federal courts have jurisdiction over these matters regardless of where you live. Because ERISA appeals typically don’t require in-person court appearances, there’s no need for your attorney to be physically present in your state. Most of the work—such as gathering medical records, reviewing the insurance company’s administrative file, and preparing legal arguments—can be done remotely.
Why Experience Matters More Than Location
ERISA claims are notoriously complicated. The rules are stacked in favor of insurance companies, and appeals are often won or lost based on technicalities in the administrative record. An attorney who specializes in ERISA law understands the intricate rules and strict deadlines involved, making them better equipped to handle your case effectively—even if they’re in another state.
In fact, many local attorneys may not have the necessary experience with federal ERISA laws and procedures. Hiring an attorney who focuses on ERISA disability claims gives you the best chance of overturning a denial, even if they’re in another state.
Working with an Out-of-State Attorney Is Easier Than You Think
Communication tools like email, phone calls, and video conferencing ensure that you can stay in touch with your legal team and get updates on your case without having to visit their office. Most of the documents and forms can be exchanged electronically, making the process seamless.
A specialized attorney will also handle the logistical aspects of filing in federal court, including preparing the necessary paperwork and meeting filing deadlines, so you don’t have to worry about the details.
Choose the Right Attorney, Not the Closest One
When it comes to appealing an ERISA long-term disability claim denial, your choice of attorney should be based on expertise and experience—not geography. An experienced ERISA attorney can navigate the federal legal system and fight for the benefits you deserve, no matter where you live.
If your long-term disability claim has been denied, you don’t have to settle for a local attorney who may lack experience with ERISA claims. Nick Ortiz of the Ortiz Law Firm is a national disability attorney who can help you recover the disability benefits you deserve. Call (888) 321-8131 for a free consultation to see how we can help you build a strong appeal, no matter where you’re located.
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