Filing a lawsuit is a form of appeal. It is different than the internal appeal with the insurance company because the rules of court apply and the final decision-maker will be a judge or jury. The process works like this. You file a lawsuit. Serve it on the insurance company. Exchange documents. Each side can interview the other under oath. You get any final reports from your doctors. You have to be examined by their doctor. You do the trial and get a final decision. During that process there can be back-and-forth negotiations to settle the claim out of court – either on a one-time lump sum basis or for the insurance company to approve or re-start monthly payments. Once you start the lawsuit, the time to have a successful resolution of the appeal can vary from a few months to two years. The things that cause delays are how slow / fast your lawyer gets things done he or she can control. There can be major differences here between lawyers. The second factor is how fast the opposing lawyer can get things done that they control – no matter how fast your lawyer is, a slow opposing lawyer can really slow things down. If your case had to go to a trial, the court can play a role in delays in that they often schedule trials twelve or more months into the future.
David Brannen
Disability Lawyer with Resolute Legal
The response posted above is based on the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with a lawyer, fully explain your situation, and allow the lawyer enough time to research the applicable law and facts required to give an adequate opinion. The basic information provided above is intended as a public service only, a full one-on-one discussion with a lawyer should be done before taking any any action. The information posted on this forum is available to the viewing public and is not intended to create a lawyer client relationship with any person. If you want one-on-one advice, please click here to request a free consultation or call toll free 1-877-282-5188 to speak with a member with our disability claim support team.