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Six Blunders To Avoid When Applying for ERISA Disability Benefits


You need to know what are the common mistakes to watch out for in order to increase your chance of getting ERISA (Employee Retirement Income Security Act) long-term disability benefits.

Did you know that you may be eligible to claim long-term disability benefits under ERISA should you be unable to work because of sudden disability? You may actually also enjoy these benefits under an employer-sponsored group insurance plan. However, how you apply for the benefits is critical to get the best possible outcome. You cannot discount that the process in ERISA long-term disability benefits application is fraught with challenges and a simple oversight can adversely affect your chance to get the benefits. As such, it helps to know what to watch out. Even better, consulting an ERISA lawyer in Kentucky will be advantageous to you do not waste any time understanding the complicated process of ERISA benefits.

Avoid These ERISA Disability Missteps

Blunder #1: If you think that your employer’s opinion about your ability to work is enough evidence for your claim, you may be in over your head. Even if your employer assures you that you can claim for benefits because the employer deems you are too sick to work, do not be complacent. The long-term disability benefits will be paid for by the insurance company and NOT your employer. The insurer will be the one to assess and decide if you are eligible based on the legal definition of disability under the terms of the insurance policy.

Blunder #2: If you think your company’s human resource department’s advice is enough basis for your next steps, then you are putting your claim at risk.. Even if the human resources team are doling out words of advice out of concern for your plight, they just do not have the proper training in interpreting insurance policies. Even if they may be the ones in charge of filing some of the documents with the insurance company as part of their tasks in employee’s compensation and benefits processing, they do not have any direct influence on what the insurers will eventually decide on.

Blunder #3: If you think that keeping tabs of your disability claim by using only the forms provided by the insurance company is sufficient, be aware that you must do more than that. Your doctor may even be required to answer certain questions on the insurance company forms but a more thorough explanation or information to prove your disability can further help your cause. The person who can do that without question is no other than your doctor. Talk to your doctor and share the terms of your disability insurance policy. A medical report that fully explains how your sickness or condition is preventing you from performing the “substantial and material” duties of your occupation will be a great supporting document, even if this may entail additional cost on your part\

Blunder #4: If you feel so good you think you can actually do some activities that your doctor prohibited you from doing, please don’t! No matter how great you may feel, do not, in any way, defy the warnings of your doctor to avoid certain activities. You will not want the insurance company to think you are trying to cheat them, especially when they are monitoring your activities and may even ask you to fill out an activity log. Follow the doctor’s orders and you may be a step closer to getting those disability benefits.

Blunder #5: If you think that it will be easier to get assistance from the insurance company’s lawyers to help you file for Social Security benefits, think again! Be mindful of your responsibilities. When you receive long-term disability benefits, you will generally be required to file for Social Security benefits. There may be times that the insurance company’s lawyers or an affiliated law firm will offer assistance with the application process. Watch out! There have been instances where shady insurance company’s lawyers lead unsuspecting claimants to choose specific disabilities on their Social Security disability benefit applications. However, it will be too late when the applicants eventually discover that it is harder to prove the long-term disability claim because of those disabilities the insurance company’s lawyers “helped” them to select.

Blunder #6: If you think that any kind of lawyer can help you with your disability claims, reconsider! ERISA is a complex law and you may get lost in the policies and procedures in your disability benefits application. It is in your best interest to work with an experienced ERISA disability attorney in Kentucky to help you out.

Contact an Experienced ERISA Disability Attorney

Call one of the best disability attorneys in Kentucky. At Mehr Fairbanks Trial Lawyers, we will do the best we can to help you the get the disability benefits you are entitled to. Call us for a free case evaluation.

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