long term disability benefits

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Long Term Disability Claims and ERISA

Employer-provided long-term disability policies are governed by a federal law called ERISA, also known as “Employee Retirement Income Security Act”.  As usual it seems odd that the name would indicate that you are protected, when in reality, under ERISA, disability applications are evaluated by claims administrators typically working for your insurance company. This inherently becomes a conflict of interest and getting an attorney who is 100% on your side would be prudent early in the process.

Once you realize that the system is really working against you, you’re probably feeling very frustrated and alone. But getting a lawyer with real experience in these matters is probably the best thing you can do at the point in time. With experience, your lawyer will have worked many times through this system and will know how to get you the best possible outcome.


Does applicant…

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currently receive disability?
expect to be out of work for 12 months?
have an attorney helping with the case?
receive doctor's treatment in past 6-12 months?

Long Term Disability Claims: How can a Lawyer Help You?

First off, just any lawyer may not be able to help. You’ll want a lawyer who has focussed his or her practice on disability claims and getting them paid. You want your attorney to be on the side of the individual (also known as the Plaintiff – or person who is complaining). If your attorney has walked many people through this process they will have special knowledge that can help you.

Long Term Disability Claims: Getting the Best Results

To get the best results you’ll want to work closely with your lawyer to get him or her what is needed to win your case. Working on a case like this is collaboration. Your attorney will want to get all your medical records, the policy in question and will look closely to see how you meet the criteria outlined by your policy.

Missing deadlines is one of the worst things you can do, there is no turning back often if you miss important deadlines because of the ERISA act. So don’t wait to present all your records to your attorney so he’ll be sure to get them documented with the insurance carrier. Federal courts are limited to considering the evidence contained in your administrative records and cannot look elsewhere for evidence that will support your case.

Do not miss doctor appointments and be sure your doctor is charting your disability properly. If your doctor simply writes down in your chart that you’re “doing fine” or “much better” that will not paint a picture for the judge of your disability.

A lawyer who focusses his or her practice on people needing help with disability will understand all the complexities of your case and will create the best strategy for you to win your disability insurance claim.

Don’t give up, get the help you need today.