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.
Following graduation from Loyola Law School in New Orleans in 1990, Price McNamara served as a Federal Judicial Law Clerk to the Honorable John M Shaw, Chief Judge, United States District Court Western District of Louisiana.
Mr. McNamara founded the Law Offices of J. Price McNamara, and began putting his past experience to work for the injured and disabled clients he now represents against the insurance companies in personal injury and long term disability and other insurance disputes in both federal and state courts