ERISA Disability

ERISA Disability

How to File for ERISA Disability Benefits

The Employee Retirement Income Security Act (ERISA) is a federal law that regulates many of the important specifics of employer-sponsored healthcare plans. One of the things covered by ERISA is the procedure for submitting a long term disability claim.

If you have suffered an illness or injury that has prevented you from returning to work in the same capacity as before, ERISA regulations play a large role in determining how you get benefits. Becoming familiar with the act is an essential first step in submitting a successful claim that allows you to focus on your health without stressing about work.

ERISA Disability Claims Procedures

One of the biggest benefits of ERISA is that it gives employees who have had their long or short term disability claims denied the ability to file a claim against the insurer — in the hopes of having their benefits reinstated. Pursuing an ERISA disability lawsuit can be difficult, however. The burden is on the employee to produce evidence that they have been unfairly denied coverage for a legitimate condition.

To avoid having to file a lawsuit, familiarize yourself with ERISA regulations and with the requirements of your health plan ahead of time. Insurers often deny long term disability claims based on a lack of supporting evidence or other administrative issues.

ERISA and Disability Law: What You Need to Know
  • Your insurer makes the final decision regarding your disability claim — not your employer and not a government representative. Just because your hiring manager has agreed that your disability is preventing you from working doesn’t mean your insurance company will.
  • Your insurer has the right to request additional medical information about your condition. They may also investigate your activities to make sure you are following your doctor’s orders. Incomplete documentation or participation in activities you’ve been warned against can result in a denial of your claim.
  • Details are incredibly important. Misidentifying the date your disability began is enough to merit a denial of your claim. Make sure all medical records are properly dated and agree with the timeline you’ve described in your paperwork.
How an ERISA Lawyer Can Help

With the complexities of ERISA legislation and the importance of ensuring all paperwork is completed correctly, a qualified ERISA lawyer is an invaluable ally when filing a disability claim. If you are unable to continue at your current job, the law office of Lisa M. Ritacco may be able to help you secure the disability benefits you need to focus on your health.

Whether it’s helping you navigate your insurer’s bureaucracy, or representing you in an ERISA disability appeal, Lisa M. Ritacco has over ten years of experience to work towards getting you the benefits you deserve.

Call our office or contact us online today to schedule your free consultation.

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