Many households today are living paycheck to check. Missing a single pay period could send them into a downward spiral of financial ruin. If you are an income-earner with a medical disability, you know how important your earnings are and how overwhelming it can be to not know if you will receive your next paycheck.
Disability benefits were created for times like these. However, disability benefits can be extremely difficult to qualify for. Understanding and carefully following the ERISA disability application process in Texas may increase your chances of approval. In fact, applicants who obtain an experienced attorney to help them with the process may increase their approval odds even more.
The Employee Retirement Income Security Act (ERISA) of 1974 is a federal law. It provides the minimum standards for the majority of pension and health plans within the private insurance industry. It was enacted to help protect the participants in these plans, however, some argue that today it has become more pro-insurance carrier rather than its intended purpose of pro-insured.
For those applying for disability benefits from a private insurance company, it is very likely that the company is governed by these laws. Therefore, it is important to know and understand these laws prior to seeking benefits. A knowledgeable lawyer could help an individual with understanding the ERISA disability application process in Texas.
ERISA disability claims procedures are governed by ERISA law § 2560.503-1. Even still, the application process for ERISA disability in Texas can be long and daunting. The applicant’s job is to clearly show their need for disability benefits while adhering to the application requirements. The following are the general steps in the application process. The first step is to check with the human resource office or with the insurance company directly about how to apply and the possibility of qualifying. Find out how to obtain any paperwork needed.
The next step is to collect any related medical records including lab tests, other test results, and doctors’ notes. Obtaining a doctor’s letter explaining the disability and how it severely impacts the ability to work can help. At this juncture, many applicants choose to consult with an accomplished attorney to help them. The applicant will need to be sure their application is submitted in whatever time frame is given by the insurance company or human resource department.
Once the application is submitted, the third step is for the insurance carrier to review the claim. If they deny the claim, the insurance company must provide a notification of denial explaining their reasons for the denial.
Finally, if the applicant has not previously contacted an attorney to represent them in this matter, it is wise to do so at this point. An attorney may be able to help gather and submit additional information to the applicant’s file to increase the chances of an approval or, if necessary, to have a complete file when it is time to move forward with litigation.
Applicants should also keep in mind that, if approved for disability benefits through their private insurance company, they will also be required to apply for Social Security Disability Income (SSDI) benefits.
If you are struggling with the ERISA disability application process in Texas or want to ensure that your application is accurate and complete before submitting it, an attorney could help. An experienced lawyer knows the ERISA disability application process in Texas and how to navigate it.
A seasoned lawyer has the skills and experience to help you in every step of the disability claims process, from obtaining an application all the way through taking your case to court and everything in between. Call an attorney today to learn more about how they can help with ERISA disability claims.
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