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.
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