LEGAL SERVICES

ERISA Disability

Learn more about this area of law and how our office may assist you with your legal needs.

ERISA Disability Attorney

When Long-Term Disability Benefits Are Denied 

If you have a disability and are currently unable to work, and your long-term disability benefits have been denied or are under appeal, you may be at a loss as to what to do next. It can be confusing and overwhelming to navigate your disability policy, the reasons for the denial, and what options you have.

Jay Deshpande, Attorney-at-Law, helps those with disability claims for ERISA-covered plans and advises them about their legal options. If your claim has been denied or you simply want to know if you are entitled to long-term disability benefits, call for us to review your claim and discuss what may be available to you.

What Is an ERISA Disability Claim?

ERISA (Employee Retirement Income Security Act) is a federal statute that governs some benefit plans, including a large number of employer-supplied disability insurance plans.

If your disability benefits come from a group plan sponsored by your employer and covered by ERISA, there may be rules that affect your claim. Your disability insurance policy, along with what you are told about the policy by your plan, is relevant to your rights and what you might need to do.

An ERISA Disability Claim Attorney will examine the plan, the nature of the decision, and evidence of the disability.

Help With Your ERISA Disability Claim

No two claims are alike. You might be filing your claim for the first time, or you might already have a denial from your insurance company.

Your ERISA disability claim may involve:

* Having your benefits, plan, and policy documents reviewed

*Filing a claim for long-term disability benefits 

* Providing medical and other supporting evidence

* Responding to requests for additional information

* Appealing an insurance company’s decision

* Challenging a denied disability claim

What your plan looks like, and the details of your disability can make a difference in what may be available to you.

What If Your ERISA Long-Term Disability Claim Is Denied?

Having your long-term disability claim denied can be disheartening when you know that you cannot work because of your health.

When your ERISA Long-Term Disability Claim Is Denied, it is important to understand the reason for the denial. It is helpful to find out the reasons the insurance company gives for denying your claim. The denial notice will provide some information about their decision.

There can be a number of technical rules and deadlines for ERISA disability claims. In some cases, you will have the chance to appeal the ERISA denial through an internal administrative process.

An ERISA Disability Attorney can evaluate your claim, the plan documents, and the reasons for your denial so that you can make an informed decision.

Reviewing an ERISA Disability Denial

What happens if a disability claim gets denied? A disability claim denial doesn’t mean you have no other options. The next step can be affected by your plan’s terms, your specific denial, and the evidence that exists in your case.

Disability medical records, reports from treatment providers, employment records, and other documentation may all be considered. Looking at what was provided and what’s in question may play an important role when analyzing a denial.

Since ERISA claims are governed by federal law and can be particularly complex, it can be helpful to consult with an attorney before taking further steps.

When Should You Talk to an ERISA Disability Attorney?

You do not necessarily have to wait until your claim has been denied to seek legal guidance. You may have questions about your disability policy, the claim process, or the evidence you need to provide.

Legal guidance may also be useful if:

  • Your long-term disability claim has been denied
  • You are preparing to challenge a disability benefits decision
  • You are unsure about the requirements of your disability plan
  • You have received a denial letter and do not understand the reasons for it
  • You have questions about your rights under an ERISA-covered disability plan

The appropriate course of action will depend on the specific facts of your case. A consultation can allow you to explain your situation and learn about the options that may be available.

Talk to an ERISA Disability Attorney About Your Case

Dealing with a disability while trying to understand your benefits can be overwhelming. If your employer-sponsored disability benefits have been denied or you are unsure how to proceed with your claim, you do not have to figure out the process without understanding your options.

Vijay “Jay” Deshpande, Attorney-at-Law, can review your ERISA disability matter and discuss your legal options in a free initial consultation.

If you are dealing with an ERISA disability claim, have had your long-term disability claim denied, or have questions about your disability benefits, call our office to set up an appointment and discuss your case.

 

FREQUENTLY ASKED QUESTIONS

Frequently Asked Questions

Find answers to common questions about ERISA Disability and the legal process.

What is an ERISA Disability claim? +
An ERISA Disability claim generally involves disability benefits provided through an employer-sponsored insurance or employee benefit plan governed by ERISA.
What can I do if my ERISA Disability claim is denied? +
If an ERISA Disability claim is denied, you may have the right to challenge the decision through the plan's appeal process. Reviewing the denial and plan requirements carefully can be important.
Can an attorney help with an ERISA Disability claim? +
Yes. An attorney can review the disability plan and claim, help address a denial or appeal, and provide legal guidance regarding your rights and available options.