NOTICE OF APPEAL AND REQUEST FOR ADMINISTRATIVE REVIEW

Disability Insurance Benefits Determination

Commonwealth of Massachusetts – [ADMINISTRATIVE COURT / DIVISION OF INSURANCE]

TABLE OF CONTENTS

1. Document Header ............................................................... 2
2. Definitions ............................................................................ 3
3. Operative Provisions ............................................................... 5
4. Representations & Warranties ............................................... 8
5. Covenants & Restrictions ....................................................... 9
6. Default & Remedies ............................................................... 11
7. Risk Allocation .................................................................... 12
8. Dispute Resolution .............................................................. 13
9. General Provisions ............................................................... 14
10. Execution Block ................................................................. 16

[// GUIDANCE: Delete auto-generated page numbers once final pagination is set.]

I. DOCUMENT HEADER

1.1 Title. “Notice of Appeal and Request for Administrative Review of Disability Insurance Benefits Determination” (“Appeal”).

1.2 Parties.
a. Appellant: [NAME OF INSURED] (“Appellant”) — mailing address: [ADDRESS]; policy no.: [POLICY NUMBER].
b. Respondent: [NAME OF INSURANCE COMPANY] (“Respondent” or “Insurer”) — statutory home office: [ADDRESS]; NAIC no.: [NUMBER].

1.3 Recitals.
a. The Appellant is/was covered under the above-referenced disability insurance policy (“Policy”).
b. On [DATE OF INITIAL DETERMINATION] the Insurer issued a written determination denying, terminating, or reducing Appellant’s disability benefits (“Adverse Determination”).
c. Pursuant to Massachusetts insurance regulations and the Policy’s internal appeal provisions, Appellant timely files this Appeal to obtain full benefits.

1.4 Effective Date and Jurisdiction. This Appeal is deemed filed on the date stamped by the [ADMINISTRATIVE COURT / MASSACHUSETTS DIVISION OF INSURANCE APPEALS UNIT] (“Tribunal”). The Tribunal has exclusive first-instance jurisdiction over this matter. Governing law shall be the laws of the Commonwealth of Massachusetts, inclusive of all applicable insurance regulations and procedural rules.

II. DEFINITIONS

“Adverse Determination” means the Insurer’s decision dated [DATE], denying, terminating, or reducing Appellant’s disability benefits.

“Administrative Record” means the complete claim file, medical records, vocational documentation, and any other materials the Insurer relied upon in issuing the Adverse Determination, as well as all additional evidence submitted by Appellant in accordance with Section 3 below.

“Benefit Amount” means the maximum total disability benefits payable under the Policy, inclusive of any cost-of-living adjustments.

“Disability” or “Disabled” has the meaning set forth in § [REFERENCE] of the Policy, which typically requires that the insured be unable to perform the material and substantial duties of his or her Own Occupation (or Any Occupation, as applicable after the Own-Occupation period) due to sickness or injury.

“Medical Evidence” means contemporaneous clinical notes, diagnostic imaging, laboratory results, and treating-physician opinions that substantiate ongoing functional impairment.

“Vocational Factors” means age, education, past relevant work, transferable skills, and labor-market considerations relevant to employability under the Policy’s definition of Disability.

[// GUIDANCE: Add or delete defined terms to mirror the specific policy language.]

III. OPERATIVE PROVISIONS

3.1 Filing of Appeal. Appellant hereby formally appeals the Adverse Determination under:
i. The internal appeals procedure outlined in the Policy; and
ii. 211 CMR 132.00 et seq. (Massachusetts Insurance Regulations governing disability claims) [if applicable].

3.2 Standard of Review. The Tribunal shall review the Adverse Determination de novo, unless the Policy grants the Insurer discretionary authority, in which case the “arbitrary and capricious” standard applies.

3.3 Submission of the Administrative Record.
a. Production Deadline. Within ten (10) calendar days of service of this Appeal, the Insurer shall deliver the complete Administrative Record to Appellant and the Tribunal.
b. Certification. The record shall be certified under oath as true, complete, and unaltered.

3.4 Supplemental Evidence.
a. Appellant reserves the right to submit additional Medical Evidence and Vocational Factors up to thirty (30) days prior to the scheduled hearing date.
b. Evidence submitted shall become part of the Administrative Record for all purposes.

3.5 Hearing Request. Appellant respectfully requests an evidentiary hearing pursuant to [APPLICABLE RULE / 211 CMR], to examine witnesses, present expert testimony, and cross-examine the Insurer’s representatives.

3.6 Relief Sought. Appellant seeks:
i. Immediate reinstatement and payment of past-due benefits with statutory interest;
ii. Continuation of benefits so long as Appellant remains Disabled under the Policy;
iii. An award of reasonable attorney’s fees and costs; and
iv. Any additional equitable relief the Tribunal deems just.

3.7 Conditions Precedent. All contractual and statutory prerequisites to filing this Appeal have been satisfied or excused.

IV. REPRESENTATIONS & WARRANTIES

4.1 Appellant represents and warrants that:
a. All factual statements herein and in supporting documentation are true, complete, and made in good faith.
b. Appellant has not knowingly withheld any material Medical Evidence.

4.2 Insurer’s Implied Warranties. The Insurer warranted under the Policy and Massachusetts law that it would:
a. Adjudicate claims in a fair, objective, and timely manner;
b. Base determinations on the entire record, including credible Medical Evidence from treating physicians; and
c. Apply the Policy definition of Disability consistent with industry standards and without conflict of interest.

4.3 Survival. The representations and warranties contained in this Section IV shall survive final adjudication.

V. COVENANTS & RESTRICTIONS

5.1 Appellant’s Covenants.
a. To cooperate reasonably with legitimate requests for independent medical examinations (“IMEs”) or functional capacity evaluations (“FCEs”), provided such examinations comply with 211 CMR and are limited to the scope of the claimed Disability.
b. To notify the Insurer promptly of any material improvement in functional capabilities.

5.2 Insurer’s Covenants.
a. To refrain from surveillance or investigative tactics that violate privacy laws or constitute harassment.
b. To consider all Medical Evidence and Vocational Factors, including the combined effect of multiple impairments.

5.3 Notice and Cure. A party alleging breach of any covenant must provide written notice describing the breach in reasonable detail and allow ten (10) calendar days to cure, unless the breach is incurable by nature.

VI. DEFAULT & REMEDIES

6.1 Events of Default.
a. Failure of the Insurer to produce the Administrative Record within the timeline set forth in Section 3.3.
b. Failure of either party to adhere to Tribunal scheduling orders.

6.2 Remedies.
a. For Insurer Default: The Tribunal may order immediate reversal of the Adverse Determination or impose evidentiary sanctions.
b. For Appellant Default: The Tribunal may dismiss the Appeal without prejudice, subject to applicable limitations periods.

6.3 Attorney Fees and Costs. The prevailing party shall be entitled to recover reasonable attorney fees and costs per M.G.L. ch. 176D § 3(9) and any other applicable authority.

[// GUIDANCE: Verify availability of fee shifting under current Massachusetts statutes before finalizing.]

VII. RISK ALLOCATION

7.1 Indemnification. Not applicable. Each party bears its own liabilities except as expressly provided in Section 6.3.

7.2 Limitation of Liability. The Insurer’s monetary exposure shall not exceed the Benefit Amount plus statutory interest, except for potential bad-faith or unfair-practice penalties expressly authorized by law.

7.3 Force Majeure. Neither party shall be held in default for failure to meet procedural deadlines caused by acts of God, natural disasters, or other events beyond reasonable control; provided that the affected party promptly notifies the Tribunal and the opposing party.

VIII. DISPUTE RESOLUTION

8.1 Governing Law. This Appeal shall be governed by the laws of the Commonwealth of Massachusetts without regard to conflict-of-law principles.

8.2 Forum Selection. Exclusive venue lies with the [ADMINISTRATIVE COURT / MASSACHUSETTS DIVISION OF INSURANCE APPEALS UNIT].

8.3 Arbitration. Not available. All disputes must proceed through the administrative process outlined herein and, if necessary, subsequent judicial review under M.G.L. ch. 30A.

8.4 Jury Waiver. This matter is an administrative proceeding; trial by jury is not applicable.

8.5 Injunctive Relief. The Tribunal retains authority to order provisional or permanent benefit payments where warranted.

IX. GENERAL PROVISIONS

9.1 Amendments and Waivers. Any amendment to this Appeal must be in writing and filed with the Tribunal. Failure to enforce any provision shall not constitute waiver.

9.2 Assignment. Rights under the Policy and this Appeal are personal to the Appellant and may not be assigned absent written consent of the Insurer and Tribunal approval.

9.3 Successors and Assigns. This Appeal binds and inures to the benefit of the parties and their respective successors, receivers, personal representatives, and permitted assigns.

9.4 Severability. If any provision herein is held invalid, the remainder shall remain in full force, and the Tribunal may reform the invalid provision to best effectuate the parties’ intent.

9.5 Integration. This document, together with the Administrative Record, constitutes the entire submission before the Tribunal regarding the Adverse Determination.

9.6 Counterparts; Electronic Signatures. This Appeal may be executed in counterparts, each of which is deemed an original. Signatures transmitted via facsimile, PDF, or secure electronic signature platform shall be valid and binding.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the undersigned, intending to be legally bound hereby, execute this Notice of Appeal and Request for Administrative Review as of the Effective Date.

[Notary Acknowledgment, if required by local rule]

CERTIFICATE OF SERVICE

I, [COUNSEL NAME], certify that on [DATE] a true and correct copy of this Appeal, with all exhibits, was served upon counsel for Respondent by [METHOD OF SERVICE] and filed with the Tribunal in accordance with its procedural rules.

Signature: ________
Name: [COUNSEL NAME]
B.B.O. #: [NUMBER]

[// GUIDANCE: Replace B.B.O. with the attorney’s Massachusetts Board of Bar Overseers number.]

EXHIBIT INDEX (attach as separate pages)

A. Physician’s Narrative Report – Dr. [NAME] (dated [DATE])
B. Diagnostic Imaging (MRI, CT, X-ray)
C. Functional Capacity Evaluation – [DATE]
D. Vocational Expert Report – [NAME], CRC
E. Prior Correspondence and Claim File

[// GUIDANCE: For each exhibit, include a Bates-stamp range once compiled.]

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