Roberts Disability Law was established to help individuals in California recover the full and fair disability benefits that they are rightfully owed under the terms of their group plan. Our San Jose ERISA disability attorneys have extensive experience handling all disability cases, and we have a deep understanding of the subtleties and complexities of ERISA claims. If your claim was denied in San Jose, please reach out to us today for immediate assistance. We will comprehensively review your file and determine exactly what steps you need to take moving forward.
The Employee Retirement Income Security Act of 1974 (ERISA) regulates a large number of employer sponsored group health and benefits plans in the United States. If you are filing a disability claim under an ERISA plan, you need to be aware of how the regulations will affect your ability to file a claim and an appeal.
First, you should know that you only have 180 days to file an administrative appeal after you get an initial denial letter. Further, before you file an appeal, it is imperative that you consult with an experienced San Jose ERISA disability lawyer who can help you prepare your claim.
Evidence is the key to every disability case. Ultimately, you will only be able to collect benefits if you can establish that you have a qualifying disability. Some common types of evidence that can be used for this purpose include:
When appealing your claim internally with the insurance company, you will have a chance to submit additional evidence that supports the veracity of your claim. However, in the event that you need to file a lawsuit to seek your benefits, you will generally not be able to submit any new evidence. Put another way, the court will be limited to the documents and records that are already in your disability claim file. If important information does not get into the record, it could cost you your benefits. You need to work with a qualified San Jose ERISA disability lawyer who can make sure that all necessary evidence actually gets into your file.
Are you having any trouble obtaining your long term disability benefits? Our team can help. At Roberts Disability Law, our experienced ERISA disability lawyers have helped many people in San Jose and throughout the Bay Area. To request a free review of your case, please do not hesitate to call our San Jose office today at (408) 705-1988.
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