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Common ERISA Disability Application Mistakes

When you are no longer able to work because you have become disabled, you might qualify for long-term disability benefits under ERISA (Employee Retirement Income Security Act), which is an employer-sponsored insurance plan. Unfortunately, being disabled doesn’t automatically qualify you for long-term disability benefits, and the application process is absolutely crucial for getting your benefits. The ERISA long-term disability application can be a challenging one, and there are many common mistakes that people make that prevent them from getting their benefits.

The following is a list from our long-term disability attorney in Louisville of the most common ERISA application mistakes:

#1. Making the assumption that, since your employer says you are too sick to work, you have enough evidence for your claim. 

Unfortunately, your employer’s opinion has very little to do with whether you qualify for benefits or not because it is the insurance company (not your employer) that will be covering your long-term disability benefits. You can find out if you meet the definition of disability by checking the terms of the policy.

#2. Using just the forms provided by your insurance company to document your disability. 

While it’s true that your doctor needs to answer specific questions on the forms provided by your insurance company, you shouldn’t leave it at that, because there is a strong possibility that you will need further evidence to prove your disability. It is always a good idea to sit down with your doctor, explain the situation and ask them to write a report that fully explains your disability.

Learn about more common ERISA application mistakes when you stay tuned for our next blog.

2015-08-31T16:11:56+00:00