Have you been injured or disabled and unable to work? If so, you will likely be able to receive long term disability benefits. Many employers have plans in place for employers. These pensions and disability policies are typically governed by the Employee Retirement Income Security Act of 1974 (ERISA).
ERISA has many requirements in place. It requires employers to give participants important information about the plan, such as features and funding. It provides fiduciary responsibilities for plan administrators. It also allows plan participants the rights to file an appeal or sue for benefits.
When ERISA applies, filing a successful claim or appeal can be challenging. There are many laws and deadlines that apply. However, whether or not ERISA applies, you need to have some information available.
In order for your claim to be approved, you will need information about the disease or injury that caused your disability. You will need to show how the disability has impacted your ability to perform your job duties. You will also need doctors who can support your claim. However, keep in mind that just because a doctor says you are disabled does not necessarily mean you are. You will then need to know which policy applies and make sure to follow the instructions. The plan is ultimately the one who will decide whether or not you are disabled.
Your long term disability benefits will be based on your salary, so do not quit your job after suffering a disability. Otherwise, you will lose both your disability policy and your pay. You want to be able to establish the highest pay rate at the job with the highest level of responsibility. This will make it easier to prove that you are physically unable to perform your job’s duties.
Was your claim denied? If so, you are not alone. Only about 23% of ERISA disability claims are approved. If your claim was denied, you may think you will not be able to take on the insurance companies. Technically, you are right, but you can get help. An experienced ERISA lawyer can help you fight the insurance companies and actually win.
If you are considering an appeal, do it quickly. Time is of the essence. You have only 180 days to file an appeal. This may seem like a sufficient amount of time, but time flies. Get started right away—the sooner, the better, Plus, the insurance company has up to 90 days to review the claim, so you could receive your benefits sooner if you start the appeals process earlier.
Getting benefits for a disability claim can be a challenging task. If your claim has been denied, seek an appeal. A lawyer can help you with this process.
If you are disabled, you likely can not work. Make sure you are earning some sort of income by appealing your case. The aggressive legal team from the Law Offices of J. Price McNamara can help. J. Price McNamara is an Oklahoma City ERISA lawyer who is familiar with the insurance industry. Get started by contacting us today and scheduling a free consultation.
I needed an attorney with a specific specialty and Price McNamara was definitely the right choice. His representation was based on principles that are probably unsurpassed by any other attorney in the field. McNamara represents individuals, not big-money corporations, like so many others in his field of specialty. He is a consummate professional, extremely knowledgeable
I found Mr. McNamara to be practical and efficient. He did what I needed in a reasonable amount of time, keeping me well informed and with excellent results. He communicated with me clearly and on a timely basis. I will use him in the future.
I am a current client of Mr. McNamara’s. He is very accessible and responds to my emails and phone calls in a timely manner. I find him to be very professional and knowledgeable, as well as ready, willing and able to address all of my questions and/or concerns.
I am an attorney. Price represented me, and in a separate suit represented my daughter, for injuries. He moved the cases at lightning speed and obtained maximum recovery. I was grateful and surprised. I would recommend Price to anyone who wants a top-notch attorney who gets results.
I would recommend Mr. Mcnanmara to anyone at any time. He was the best attorney that my family and I came in contact with. About three years ago we had a very tragic, accidental death in our family and the company knew that it was their fault but of course tried passing the buck. Mr.
Price and Sara are great. They helped us in a time of need. Their communication was always spot on and I never felt out of the loop with what was going on with our case.
Price is very professional, honest, and reliable. Whatever he says, he will follow through with the utmost integrity. He will turn over every stone and pays close attention to even the smallest detail. I’m glad I secured his services.
Without going into the painful details regarding the reason for having to hire Price, his compassion and communication helped my family during an extremely difficult time. If you need legal help because you or a family member was injured by something or someone else, don’t hesitate to call him.
Complete the confidential form below for a free, no obligation case evaluation and we’ll tell you how we can help.
You may also call us at the number below. J. Price McNamara and his legal support team are focused on building a strong case for you.
How did we do?
Note: Your review may be shared publicly.