Most people agree the disability claims process can be lengthy and confusing. Yet, some still try to navigate the legal system on their own in hopes of saving a few dollars. While some claims can be handled on your own, there are also times when it may be best to work with an ERISA disability lawyer. Here are a few reasons you may need a disability lawyer.
You Have an ERISA-Qualified Disability Plan
The Employee Retirement Income Security Act (ERISA) is a specific federal program available to workers with a private employer disability plan. If you have an ERISA-qualified disability plan, it’s important that you work with an ERISA disability lawyer.
You could submit your initial application on your own, but these are often denied on the first try. Working with a disability lawyer who has learned the ins and outs of the filing process greatly increases your chances of an approved claim.
You Don’t Know Where to Begin
You’re not alone if you don’t know where to begin when filing your claim. The insurance and disability companies purposefully make navigating a disability claim difficult. This means that more people give up because the information isn’t readily available.
However, you have a right to the benefits available under your eligible plan. If you don’t know where to begin or what questions to ask your insurance company, consider reaching out to an ERISA lawyer.
Adjusting to life with a short or long-term disability is hard enough as is. Knowing which claim to file can also be confusing. For example, an ERISA claim is not the same as a workers’ compensation claim, and both serve an important purpose.
Don’t worry about the filing process; leave it to the professionals. Handing off the legal complexities of an ERISA claim allows you to focus on your recovery.
You’re Nearing Your Deadline
The ERISA program has strict, short deadlines. The specific rules, requirements, and deadlines of the ERISA filing process can be confusing. If you’re already dealing with a disability, you may find it even more overwhelming to file and follow these timelines.
Don’t give up and let your deadline approach. Instead, work with a qualified ERISA disability lawyer to handle the case on your behalf.
Sometimes, the insurance company will use your nearing deadline to pressure you into signing documents or settlement offers. They may position the time sensitivity to your contract deadline.
However, signing something without truly understanding it could lead to you giving up the benefits that you deserve. A disability lawyer can help you navigate your claim in a timely manner while still protecting your rights.
Your Current Disability Lawyer Isn’t Responsive
When it comes to the ERISA process, it’s best to work with a lawyer who has specific experience in this area. Not all disability lawyers are familiar with the sometimes confusing details of the ERISA program. In fact, some may specifically choose not to work with these cases because of the complexity.
It’s not uncommon for the insurance company to give you the runaround or fail to communicate with you effectively. However, your lawyer should get you the information you need if this occurs. If your lawyer also ignores your phone calls or emails, it may be time to get a new one. You have a right to legal representation that communicates well with you.
You Were Denied Benefits
Just because your initial ERISA claim was denied doesn’t mean you no longer have any options left. It’s possible that you were denied for just reasons, but it’s also possible that you weren’t.
By contacting an ERISA claims lawyer, you can find out why your claim was denied and potentially file an appeal. One of the first things your lawyer will do is review your employer’s disability plan and compare it to your case.
It’s important to note that you have a very short timeline to file an appeal, so contacting a lawyer and getting established as quickly as possible is crucial. Of course, you also want to ensure your appeal is filed correctly. If you were already denied once, they may try to deny you again, and improving your claim is an important part of the process.
You could file your ERISA claim or appeal yourself, but there’s a good chance it may be denied. Additionally, if you don’t stick to the strict deadlines, you could lose out on the benefits you’re owed.
An ERISA lawyer may be necessary for your case if you have an ERISA-qualified plan, you don’t know where to begin, or your deadline is nearing. An ERISA lawyer can also be beneficial if you were already denied benefits.
