If you file a long-term disability claim through an employer-sponsored policy, ERISA law likely governs your claim. ERISA is a complex area of law that includes many regulations, strict deadlines, and a long, detailed appeal process.
Dealing with a serious health condition that prevents you from working is challenging enough without the added stress of navigating a complex legal process. An experienced ERISA lawyer can handle all the intricate details of your disability claim so you can focus on taking care of yourself.
In this post, we’ll cover what you need to know about ERISA claims and why a lawyer specializing in ERISA can be invaluable in fighting for your disability benefits.
Here’s what we’ll cover:
- What is ERISA?
- How ERISA can impact your claim
- How an ERISA lawyer can help
- Not all disability lawyers are ERISA experts
What is ERISA?
ERISA, or the Employee Retirement Income Security Act, is a federal law enacted in 1974 that sets minimum standards for employee benefits plans. This law governs long-term disability benefits, health insurance plans, pension benefits, and retirement benefits offered in private industry.
The Department of Labor has established guidelines through ERISA that your employer must follow regarding your benefits. ERISA is designed to protect your best interests, setting a clear framework for your rights and protections as an employee.
An Individual Disability Insurance plan you purchased yourself (not offered through your employer) would not be subject to ERISA.
Learn the difference between ERISA vs. Individual Disability Insurance.
How ERISA can impact your claim
If ERISA governs your disability insurance policy, you have significant protections when filing a claim. These protections are in place to ensure you have a fair chance to receive the benefits you are entitled to. For example, if your insurance company denies your claim, you have the right to file an appeal and, if necessary, take your claim to federal court.
The law, however, does not prevent disability insurance companies from using all their available resources to find a reason to deny your insurance claim. In our decades of experience at Roy Law Group, we’ve seen insurance companies use any possible excuse to reject disability claims.
No second chances or do-overs
ERISA is complicated by design, and it’s constantly changing. If you aren’t aware of the potential pitfalls associated with an ERISA claim, it’s easy to make mistakes that could jeopardize your benefits. Even missing a single deadline can lead to a claim denial.
Understanding your rights and responsibilities at each stage of the process is crucial. Without this knowledge, you may miss a deadline without even realizing it.
No one should have to become an expert in ERISA to win the disability benefits they deserve. Keeping up with ERISA’s complexities can be overwhelming and stressful, especially when you’re dealing with serious health issues. That’s why we strongly recommend hiring a knowledgeable and experienced ERISA attorney to help you.
How an ERISA lawyer can help
A lawyer with ERISA expertise can help maximize your chances of a successful outcome by handling all the details of filing your disability claim or appeal for you. They will know what to expect throughout the process, ensuring you meet all deadlines and offering invaluable guidance along the way.
Here are some ways an experienced lawyer can help with your ERISA claim:
Provide expert advice
An ERISA lawyer will have the necessary expertise in the law to handle all the complex details of the claims process while ensuring your rights are protected. They can help interpret the fine print of your policy and advise you on the best steps to take at every stage of the process.
Handle all communications
An ERISA attorney will coordinate with the insurance company to fulfill any requests for information and correspond with medical professionals to gather supporting evidence.
Plan ahead
An experienced lawyer will know what to expect at every stage of the claims process and will provide tailored strategies based on the details of your case. They’ll know in advance what potential challenges to watch out for and how to address them if and when they arise.
Prepare and file your appeal
The ERISA appeal process is notoriously long and complicated. A lawyer will know what to expect and ensure all paperwork is filed correctly and on time. They will ensure your claim file is complete and accurate and that all necessary documentation is included.
Peace of mind
You shouldn’t have to stress about the details of the ERISA claims process, especially when facing a serious health issue. By hiring an ERISA lawyer, you can feel confident that your case is in capable hands. While they handle all the legal complexities for you, you can focus on what truly matters – your health and well-being.
Not all disability lawyers are experts in ERISA
A skilled ERISA attorney will ensure that your rights are protected and significantly increase your chances of receiving the disability benefits you deserve. Don’t hesitate to seek professional assistance; it could be the key to securing your future.
It’s important to note that not all disability lawyers are experts in ERISA. Attorneys who do not specialize in ERISA law might not understand the basic timeline requirements and how to develop an effective strategy that works within the applicable regulations.
Only trust your ERISA claim with long-term disability lawyers with the knowledge and experience to battle the insurance company on your behalf. Roy Law Group practices ERISA and long-term disability law – nothing else. Our expert team goes up against big insurance companies every single day. If we take you on as a client, you can rest assured that we will win or settle your case.
You are not alone. Contact Roy Law Group today and speak with one of our compassionate team members.
This post was originally published on April 25, 2019 and has since been updated for relevancy and accuracy.