Disability can happen at any time. The good news is that many workers have disability benefits through their employers. Many companies offer long term disability plans for employees. These plans are designed to pay a portion of a person’s salary (typically around 60%) in the event they suffer a disability inside or outside of the workplace.
These plans are covered by the Employee Retirement Income Security Act of 1974 (ERISA), a federal law that sets minimum standards for plan administrators. ERISA ensures that plans are created for the best interests of the plan participants. This is to prevent criminal activity such as fraud.
ERISA also helps ensure that claims are not denied inappropriately. That is the biggest issue with disabled plan participants. Many do not receive the compensation they deserve because their claims are denied, even though the claims are submitted in the proper manner.
This can be frustrating, particularly for those who are suffering a disability. A disabled person is often suffering physically, mentally, emotionally, and financially. Learning that their claim has been denied only adds insult to injury.
Dealing with a disability is a life-changing event. A person’s life has changed in a variety of ways and they must adapt accordingly. A disability can be like the grieving process. A person can mourn their previous life. They may be in shock and denial about what happened. They may then feel angry and depressed. Eventually, they may accept the fact that they are disabled.
A disability causes a person to change physically. They may be unable to work or do the things they once enjoyed doing. A person can also change emotionally and mentally following a disability. They may feel confused and frustrated. They may need assistance with tasks and feel upset about having to ask for help. They may feel depressed, anxious and negative overall. Living an independent life and then having to suddenly become dependent on someone—like a child is to a parent—can be extremely difficult for someone to comprehend.
The good news is that those with disabilities can lead normal lives. Many develop coping skills to help them get through everyday life. They can learn to use wheelchairs, canes, prosthetics, and other assistive devices so they can become more mobile. Rehabilitation can help them regain mobility. With support from family and friends, they can remain social. While their life may never be the same as it was before, they get the support they need to move forward.
Disability is a stressful situation, and unfortunately, insurance companies do not make the process any easier. There is no guarantee that your claim will be approved, but if it is denied, you do have options available.
An appeal can help you get the benefits you deserve. Do not give up your rights to compensation. Keep fighting with help from a Memphis ERISA lawyer from the Law Offices of J. Price McNamara. He knows the process inside and out and will work hard to protect your legal rights. Contact our office today to schedule a free consultation.
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