Explained By Our San Francisco ERISA Attorneys
Do you receive disability insurance benefits from your employer? If so, then the Employee Retirement Income Security Act of 1974 (ERISA) likely governs your policy. Unfortunately, ERISA law often benefits the insurance company. Thus, it is important to file your ERISA long term disability (LTD) claim correctly from the start. Below, our San Francisco ERISA attorneys included some important facts about filing an ERISA claim for disability.
Your Insurance Policy’s Definition of Disability Matters for ERISA Claims
Some insurance policies define disability narrowly. For example, a person may qualify as disabled when they are unable to perform the duties of any job.
However, other insurance policies define disability broadly. For example, a person may qualify as disabled when they cannot substantially perform their own occupation.
Thus, it is important to review your policy’s summary plan description. You will find your insurer’s exact definition of disability. Then, you can determine whether filing an ERISA claim for disability is right for you.
The Disability Application Can Make or Break ERISA Claims
It is important to start off right when filing an ERISA claim for disability. Many disability claim denials are due to application errors. Thus, you should make sure to complete your disability application correctly.
For example, the disability date you choose matters. It is important that you were working full-time on this particular date. Additionally, you must explain to the insurance company why you chose this particular date. Doing so could prevent you from receiving an ERISA disability claim denial.
Your Doctor’s Statement of Disability Is Important
When filing an ERISA claim for disability, your doctor will need to submit a statement of disability. Many times, the questions on the doctor’s statement are repetitive. In fact, the insurer can often find this information in your medical records.
Thus, your doctor may skip over certain sections to save time. Additionally, he or she may write “see attached” to refer to your clinical records.
However, your insurer could deny your claim due to blank sections or vague answers. As such, it is important that your doctor fill out this form with as much detail as possible.
Further, you should have an attorney review your doctor’s statement of disability before submitting it. If anything is missing, then the attorney can send it back to the doctor for revision. Doing so could prevent you from receiving an unnecessary disability claim denial.
Filing an ERISA Claim for Disability? Contact a San Francisco ERISA Attorney
Are you considering filing an ERISA claim for disability? The San Francisco ERISA attorneys at DL Law Group can help you get the outcome you deserve for your ERISA claim. For a free consultation, give us a call at (415) 678-5050. You can also send us a message through our online contact form. We are committed to helping Bay Area and San Jose residents recover the disability benefits they deserve.