If you have suffered a long term disability, regardless of whether it occurred on the job or elsewhere, it is likely that your employer has a long term disability insurance policy under the Employee Retirement Income Security Act (ERISA), and you may be eligible to receive benefits under that policy.
However, applications to receive benefits go directly to the insurance companies, many of which have an interest in finding reasons to deny your claim. That is why working with an experienced long term disability/ERISA attorney during the application process is wise. Contact our Montgomery County, Pennsylvania Long Term Disability Lawyer today to find out more.
When it comes to receiving long term disability benefits under your employer’s ERISA policy, reading, understanding and interpreting the fine print of the policy is key. For example, many policies narrowly define “disability” in terms of what the policy covers in an effort to exclude as many injuries and conditions as they possibly can. For example, some may define “disabled” as an inability to work within one’s occupation, while others may define it as an inability to work in “any” occupation.
In addition, most policies have a waiting period after the onset of your injury or condition that has left you unable to work when you can not receive benefits under the policy, usually because they require that you use up sick time and/or short-term disability benefits first – often between 90 and 180 days. In addition, insurance companies also frequently require that you apply for the Social Security Disability Insurance benefits.
Also keep in mind that insurance companies have a prerogative in proving that you do not have a long term disability, as you have claimed, and therefore it is very important that you listen to your doctor’s specific instructions about what you can and can not do, and follow them to a T.
Even if the insurance company denies your claim, keep in mind that you still have a chance at obtaining long term disability benefits. Policies typically include an internal appeals process that must be satisfied, and once you have satisfied that processes, you can work with an attorney to file a case in federal court. This is where working with an experienced attorney, from the onset of submitting your application, is wise, as your case will be entirely dependent upon what evidence of your disability you have already submitted.
Contact our Montgomery County Long Term Disability Lawyers today to find out more.
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