May 2016 Archives

How to Document a Mental Health Disability

Documenting a physical disability typically means your insurer can see what is wrong with you, but what about when it comes to mental health disabilities? These can be much harder to prove, and therefore, it is more difficult to receive the benefits you need. Many people avoid getting the help and treatment they need because they don't know where to begin.

Mental Illness and Long Term Disability

A great amount of stigma surrounds those with mental illness, but we at The ERISA Law Center understand that there shouldn't be. Mental illness can affect the way you perform daily tasks and can make working next to impossible. Unfortunately, long-term disability insurers are much more strict when it comes to approving benefits based on mental health than they seem to be when it comes to physical injuries. It's very likely that your application will be denied and you will need to contact an attorney. That's where we come in.

The Process of Discovery in ERISA Claims

Going through discovery in a disability claim can give you a big advantage. It is your chance to bring out evidence in your favor which show why your claim should not be denied. Insurance companies know how detrimental this can be towards their case so it's important to work with an ERISA lawyer that knows how to defend you and work toward getting the insurance company to settle with you. Discovery makes a big difference in what the insurance will end up paying on a claim or whether to fight a claim in litigation.

What You Need to Know About Disability Offers


Built in as provisions to your policy, offsets allow your insurer to reduce the amount of benefits they pay out, based on the other resources that pay you monthly payments for your disability. For example, if you receive money from worker's compensation, Social Security or state disability programs, your insurance provider can legally deduct those amounts from their monthly payments to you. ERISA law requires employers and insurance companies to inform employees of these offsets and how and when they are applied. Under ERISA law, your employer is required to provide a Summary Plan Description to each covered employee that is in plain language that is easily understood.

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Erisa Law Center

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