If you have become disabled, you may qualify for benefits under an employer plan. Employer plans often include short-term or long term disability benefits that are paid for by the employer. These plans are governed by the Employee Retirement Income Security Act (ERISA). ERISA ensures that plan benefits are used appropriately and that claims are approved when all requirements have been met.
However, things do not always go smoothly. Disability claims are often denied for no apparent reason. Policies tend to favor the insurance company. There is no good reason for the insurance company to pay up. This causes them to lose money, and nobody wants to lose money. Meanwhile, the disabled employee is struggling financially.
If this has happened to you, you do not have to struggle anymore. With an experienced ERISA attorney on your side, you can fight the system and reverse the wrong. A lawyer can collect the evidence needed to get your claim approved and the benefits in your hands, where they belong.
The definition of “disabled” is different for each policy. Some may allow for partial disability, while some require total disability. You may not be able to perform the duties of your job, but that does not automatically mean you are disabled. Your doctor may find you disabled, but again, that does not determine disability under your plan.
You will have to meet the insurance company’s definition of disability. Meeting the requirements can be confusing and complicated. You may need specific evidence from your doctor. Proving you are disabled is easier said than done. Contact an ERISA lawyer today to help you with this process. An experienced lawyer can efficiently gather the evidence so you can file a claim and win your case.
The claims process differs from one policy to another. If you become disabled, your first step is to contact the insurance company and understand how the claims process works. Under ERISA, your plan is required to have a written procedure in place for processing your claim. There should also be information available to you so you can appeal your claim if it is denied. This should all be outlined in your plan’s Summary Plan Description.
When you fill out the paperwork, you should receive information about the benefits you will receive and when these benefits will start. It could take up to 90 days for your claim to be approved. If it is denied, you must receive written information about the reason for denial. You should also receive information about the appeals process.
Each plan is different, so it is important to follow the rules of your specific plan when making a claim. If you have met all the requirements and are still facing a denial, it is important to protect your legal rights.
A Houston ERISA lawyer from The Law Offices of J. Price McNamara can help you with your claim. It is best to hire a lawyer early on in the process for best results. The Law Offices of J. Price McNamara handles cases on a contingency basis, so you pay only if you win. Contact our office today to schedule a free consultation.
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