Suffering a disabling illness or injury is a highly stressful situation, especially if your disability impacts your ability to work. Not working means that you lose your income, and this is the time to turn to your disability insurance policy sponsored by your employer. You might never have imagined you would need to use this policy, but such benefits can be critical in the event a disability occurs.
Employer-sponsored disability plans are governed by federal law – specifically, the Employee Retirement Income Security Act (ERISA). This oversight makes disability claims more complicated, but an ERISA attorney near San Francisco at Roberts Disability Law, P.C. can help advise you of how to best approach your disability insurance claim for the best possible outcome.
ERISA is a federal law that establishes minimum standards for most of the insurance and retirement plans that are participated in voluntarily by employees in private industry. The purpose of the law is supposed to provide protection for the individuals who are enrolled in these plans, though in many cases, the law makes the claim process more challenging for disabled employees.
ERISA has many guidelines and deadlines that preempt state law, so employee-claimants must follow these rules if they need to file a disability claim or appeal a denial. This makes an already stressful situation even more so, and you should have the support of an ERISA lawyer who can help you every step of the way.
Whether you qualify for disability insurance benefits will depend on the language of your policy and the nature of your disability. In many cases, you might know your disability prevents you from working and earning a living, but your disability insurance company might disagree. The right attorney can review your policy and the nature of your disability, then advise you whether you should have a valid claim.
Common conditions that might lead to disability claims include:
We can determine the extent of evidence you will need to prove that your condition is sufficiently disabling that you deserve benefits.
ERISA especially comes into play if your disability claim is denied. This is because the law sets out specific procedures and time limits for the appeal process. First, you must exhaust all administrative remedies before you have the right to file a lawsuit in civil court. Then, the lawsuit must take place in federal court since ERISA is a federal law. If your claim is denied, you want to contact an ERISA lawyer immediately due to strict deadlines and constraints.
There are many issues that can arise in ERISA disability claims, and you need the right legal assistance and support to ensure you receive the benefits you need and deserve. Reach out to Roberts Disability Law, P.C. to schedule an appointment to discuss your situation today.
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