With various insurance companies, differing circuits and a plethora of translations of ERISA laws and their meanings, filing for long-term disability benefits can be overwhelming even for the most well-read and prepared individuals. Deciphering all of the intricacies of the law can be tricky in and of itself, but even just getting started is often filled with questions and second thoughts. As nationwide ERISA attorneys, we often hear the same questions from many of our claimants. In order to more quickly assist you, we’ve included the most frequently asked questions here.
How do I file a long-term disability claim?
Your first point of contact should be your insurance company agent. They should send you all the necessary forms it takes to correctly file a claim for your benefits. Make sure to thoroughly complete these forms in order to expedite the process, ensuring that you begin receiving your benefits as soon as possible.
I’ve been denied my benefits. What do I do now?
Research what your insurance company requirements are regarding appeals or reconsideration and begin that process. Now may be a time to enlist the aid of an ERISA attorney to decipher the fine print of your long-term disability policy.
Should I hire an attorney?
Enlisting the professional help of an attorney who specializes in ERISA law will help you to even the playing field when dealing with large insurance companies. They have the help of a team of lawyers that are working to prove that you are not really in need of long-term benefits, and you should therefore have the same assistance in handling your case.
Do I have to appeal the denial?
You may be wondering if you can just sue the insurance company. ERISA law stipulates that all administrative remedies, including appeal, must be exhausted before a group disability insurance lawsuit can be filed. However, individual policyholders may have the option of not appealing before a lawsuit is filed. Your ERISA attorney will be able to decipher your policy’s verbiage to determine the best course of action.
How much can I recover from my insurance company if I win my appeal?
No two long-term disability cases are the same, so the results of each can vary greatly. However, each policy outlines for the policyholder just what type of damages are allowed to be recovered. Your ERISA lawyer can help you understand just what is recoverable and what is not.
Can I just use my family attorney for my disability claim?
While you have the right to use whatever lawyer you wish, if any, it is highly advisable that you employ the services of an attorney or law group that is familiar with the complexities of ERISA laws and regulations. Having a lawyer that understands this specific set of laws is imperative to getting the maximum amount of benefits allowable to you. An ERISA attorney that is skilled in understanding how insurance companies work is fundamental to your successful appeal.
Insurance companies tell you that you can appeal your disability denial without a lawyer. They want you to submit less information than you need to win — or have less chance of winning in litigation. The ERISA Law Center takes the burden of appealing from you by handling all aspects of ERISA appeals.
For more information, we encourage you to get in touch with an ERISA attorney at ERISA Law Center. Get immediate help when you call.