I am out of work with an injury since June 2015. In December of 2015 I notified my insurance company that I want to activate my long term disability. It has been well over 120 days and the insurance company has not made a decision on my claim. They say it is under review. What is the time frame an insurance company has in NY to make a decision on my LTD claim?. Is there a set guideline?
The time frame is usually spelled out in the policy. You should contact an attorney to discuss this.
You don't indicate if it is a work related injury. If not then it should be in the policy, but if you need to talk to an attorney then it would be someone if a different area of the law . I will change your topic area to get you answers from attorneys that deal with this issue more frequently.
If this information has been helpful, please indicate by providing feedback that the answer was either "helpful" or "best answer" as appropriate. Legal Disclaimer: Mr. Connell is a Colorado attorney licensed in only that state. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question.
Based on one of your responses, it appears you may also have a third party action against the vehicle that struck you. You should contact a personal injury attorney ASAP if you haven't already done so. Best of luck.
You do not indicate if your policy is a non-exempt group policy sponsored by your employer or a private disability policy. The difference is significant and will determine if your claim is governed by ERISA, a federal law, or state law. You should contact an attorney who has experience in disability cases to review the policy and also determine if the insurance company is in compliance with federal and/or state governing laws.
Generally, an ERISA LTD claim must be decided within 45 days. The administrator can notify you of circumstances requiring an extended period of review. For a non-ERISA LTD policy, consult an attorney to review the policy and advise you about applicable state law.
This information is provided for general information purposes. It does not constitute an opinion about the merits of your particular situation, which may depend on facts which are not available to me on this site.
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