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Applying for ERISA disability benefits can be a stressful and arduous process, compounded by the fact that you may not be at your physical or mental best while you are seeking said benefits. If you have already applied for these benefits, you most likely spent many hours ensuring that your application met all the requirements and paints a convincing picture of why you need disability benefits to help you live a normal life.
Unfortunately, the fact of the matter is that as many as half of all applicants are denied benefits on their initial application. An ERISA disability claim denial can be a common obstacle to encounter. Let an experienced ERISA disability attorney help improve your odds of receiving the benefits you seek, either through an appeal or through a lawsuit.
ERISA law was put in place in the mid-70s by the Employee Retirement Income Security Act of 1974. Since then, there have been many changes in the nature of pensions and insurance benefits, as well as how insurance plans are administered.
Being restricted to a framework that was built over 40 years ago is often not beneficial to people who legitimately need to access their ERISA benefits. With an ERISA disability claim, the rights of applicants are more restricted than they are with insurance claims that fall under individual state laws.
Additionally, the system is set up so that it favors insurers. Without the representation of an experienced ERISA claim attorney, you may have significant difficult contesting the verdict of the insurance carrier that denied your ERISA disability claim.
The best way to prevent an ERISA disability claim denial is often to ensure the original application is complete and without mistakes. Some reasons behind denials are particularly common, and as such extra care should be taken to avoid them.
Not Enough Evidence
When filing an ERISA disability claim, it is important to provide enough medical evidence in order to prove the disability in question. Applicants should provide as much of this information as possible—there is no such thing as too much evidence.
Incomplete Claim Form
Although filling out disability paperwork can be quite tedious and lengthy, it is important to thoroughly complete each form. Failing to do so can lead to an automatic denial.
Non-Compliance with Consultative Exam
As a part of the application process, some insurance carriers require a consultative exam that is performed by a third-party medical expert. If an applicant refuses to submit to this exam or simply fails to show up, their claim may be denied.
No Legal Representation
Hiring a veteran ERISA disability attorney could help ensure that an ERISA application is completed correctly the first time. They could help clients acquire whatever medical evidence they need to prove that they truly do have a disability.
If you have received an ERISA disability claim denial, all hope is not lost. Our team of attorneys and paralegals, as well as medical experts and life-planners, could help you build a case that may improve your chances of receiving the ERISA disability benefits you are counting on.
We take on the big insurance carriers to help you maintain the lifestyle you were accustomed to prior to your disability. Contact us today to find out more about our disability claim denial services and how we could be of assistance to you.
I want to say thanks to J. Price McNamara for the sound free advice he gave me related how to increase my chances of being approved for Long Term Disability of being denied. I must say after implementing elements of his sound advice such as showing the insurance company proof of how my illness/disability had
I needed an attorney with a specific specialty and Price McNamara was definitely the right choice. His representation was based on principles that are probably unsurpassed by any other attorney in the field. McNamara represents individuals, not big-money corporations, like so many others in his field of specialty. He is a consummate professional, extremely knowledgeable
I found Mr. McNamara to be practical and efficient. He did what I needed in a reasonable amount of time, keeping me well informed and with excellent results. He communicated with me clearly and on a timely basis. I will use him in the future.
I am a current client of Mr. McNamara’s. He is very accessible and responds to my emails and phone calls in a timely manner. I find him to be very professional and knowledgeable, as well as ready, willing and able to address all of my questions and/or concerns.
I am an attorney. Price represented me, and in a separate suit represented my daughter, for injuries. He moved the cases at lightning speed and obtained maximum recovery. I was grateful and surprised. I would recommend Price to anyone who wants a top-notch attorney who gets results.
I would recommend Mr. Mcnanmara to anyone at any time. He was the best attorney that my family and I came in contact with. About three years ago we had a very tragic, accidental death in our family and the company knew that it was their fault but of course tried passing the buck. Mr.
Price and Sara are great. They helped us in a time of need. Their communication was always spot on and I never felt out of the loop with what was going on with our case.
Price is very professional, honest, and reliable. Whatever he says, he will follow through with the utmost integrity. He will turn over every stone and pays close attention to even the smallest detail. I’m glad I secured his services.
Without going into the painful details regarding the reason for having to hire Price, his compassion and communication helped my family during an extremely difficult time. If you need legal help because you or a family member was injured by something or someone else, don’t hesitate to call him.
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