ERISA stands for The Employee Retirement Income Security Act of 1974, which established minimum standards for retirement, health, and other welfare benefit plans. Portions of the act include disability insurance, and life insurance plans. However, many people are unsure about what ERISA is and how it affects them. Consequently, there are many myths surrounding ERISA that need to be addressed. In this blog, I talk about 4 common ERISA myths to help you get a better understanding.
Myth #1: My Diagnosis Entitles Me to Disability Benefits
Other people likely share a similar diagnosis and are capable or working. This means you will need additional evidence to prove how your condition specifically limits your ability to work. You need to have a supportive doctor because insurance companies have their own doctors who will evaluate you or your records and may determine you can work – despite the true facts.
Myth #2: Insurance Forms Are Enough to Get My Benefits
Insurance forms only ask for your basic information and lack the supporting evidence needed to prove your disability claim. Remember, insurance companies aren’t there to hand you benefits, so having an attorney by your side is recommended
Myth #3: All Employers Are Required to Offer ERISA Benefits to Employees
This is false. Employers are not required to offer ERISA benefits to their employees. However, if such benefits are offered, ERISA laws and regulations govern them. ERISA only applies to private employers, it does not apply to benefits offered to government employees.
Myth #4: I Don’t Need a Lawyer for My Appeal
Although this is technically true, many people are surprised when they find out about the different ways ERISA laws affect their appeal from the denial or termination of disability benefits. If you are serious about protecting your rights, you should consult with an experienced attorney.
Do you have more questions about ERISA benefits? Contact our ERISA lawyers to set up a free consultation today.