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Can I sue the insurer when I receive a denial or must I exhaust the administration remedies offered by the plan or insurance company?

Can I sue the insurer when I receive a denial or must I exhaust the administration remedies offered by the plan or insurance company?

All disability plans obtained through your employer maintain an appeal procedure. It is required by law under ERISA. Before you can sue for disability benefits you must exhaust these internal administrative appeals. These appeals are very important. Not only is there a chance that the plan or insurance company will reverse the denial, the appeal presents a valuable opportunity to create a strong case should a lawsuit be necessary. The opposite is also true. If you do not create a good record during this process, you doom yourself to failure in any future lawsuit. It is therefore highly recommended that you seek professional help at this stage. A NY disability lawyer will be able to help guide you through the legal methods necessary to create a good record.

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