Things To Consider When Filing ERISA Disability Claims

Posted on: 16 May 2016

If you're injured and need to go on disability, it's important to do so in the right way. Making certain mistakes can make it less likely your claim will be approved. There are a number of factors to take into consideration when making ERISA disability claims.

When To Leave Your Job

Don't resign or quit your job just because your employer suggests it. This isn't a good idea, and should only be done once your doctor says it isn't possible for you to work. Otherwise, you may find out that you've left and don't actually qualify for disability, causing other problems. The human resources department isn't responsible for approving disability claims—this is done by the insurance company.

Who To Rely On For Information

Talking to the human resources department may be necessary to maintain your employment, but this doesn't mean that you can rely on them to give you all the necessary information for your disability claim. Keep in mind that anything you tell them may be passed on to the insurance company, which may not help your case. Also, not all HR employees are well versed in the ERISA regulations. They may not tell you everything you need to know or give you all of the necessary forms. For complicated cases or appeals, it may be necessary to hire an ERISA lawyer.

What Information To Provide

It's best to provide any information that may help to substantiate ERISA disability claims at the time you make the claim. Saving information for later could backfire and make it so that the claim is denied and needs to be appealed. Don't use just the forms provided, as they may not state exactly what you can and can't do, which is necessary to show that you can no longer do your previous job and need to go on disability. It may be necessary to get the doctor to type up a statement clearly listing this information if it isn't covered on the forms.

What To Do In Case Of An Appeal

Should your original claim be denied, it's a good idea to hire an ERISA lawyer for the appeal. It's also important to get a copy of the claim file from the insurance company. This will allow you to see why the claim was denied and what additional information you'll need to show to get the appeal approved. The ERISA laws can be very confusing, so an experienced attorney may be more likely to be able to find a way to prove the disability and get your claim approved.

When To File

Be careful to check out all of the deadlines and make sure to meet them. This includes filing for Social Security benefits on time, as this is often required in cases of an ERISA disability claim. If you wait too long, you may lose your right to file.