ERISA Disability Las Vegas: 6 Reasons for Disability Insurance Denials

Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that sets minimum standards for employees and requires plans to provide participants with plan information. ERISA includes important information about plan features and funding, benefits of accrual and funding, and provides fiduciary responsibilities for those who manages and controls the plan assets.

And the ERISA disability benefit includes retirement, health, life, and disability benefits. Accidents happen when you least expect it and if you become disabled and cannot work, you may qualify to apply for ERISA Disability benefits under an employer-sponsored ERISA (Employee Retirement Income Security Act) plan or another kind of group insurance plan.

But the problem here is, the application process is crucial to your chances of getting benefits. It can be very challenging and making a mistake in the process could jeopardize your chance to obtain the benefits.

The Law Office of Julie A. Mersch specializes in all matters of ERISA Law, Long Term & Short Term Disability Insurance, Personal Injury Law, and Insurance Law. And we will work directly with you at every step. And here are six common mistakes that people make when filing for ERISA Disability benefits and how to avoid them.

Reasons for Disability Insurance Denials

1. Your employee's opinion is enough evidence.

Relying on and assuming that your employer's opinion regarding your ability to work is enough evidence for your claim is a very big mistake.

Remember that the insurance company will be paying for your ERISA disability benefits. And they are the ones who will decide whether you meet the legal definition of disability under the terms of the policy.

2. Relying on the advice of the HR department.

Although the advice of the HR personnel may mean well, relying solely on their advice is not sufficient evidence. Take note that they are not trained in interpreting insurance policies. And that they do not influence the insurance company, for the most part, it is you that needs to take action to obtain long-term disability benefits.

3. Relying on application forms alone.

Using only the forms provided by the insurance company is not enough in documenting your disability claim. You also need to talk to your doctor and explain to him the terms of your disability insurance policy. And he must answer a certain question on the insurance form to fully explain your condition.

You need to request your doctor to complete a report on why your sickness is preventing you from performing the "substantial and material" duties of your occupation. Even though that there are doctors that may ask for such a report, do not worry because it is worth the money.

Aside from that, when you end up putting improper information on your claim form, it will stay on the record permanently. The mistakes on your original insurance application can add fuel to the claim denial.

4. Not following the doctors' instruction

When filing for ERISA disability benefits, the insurance company is watching your activities. So if your doctor advises you to not engage in such activities, then you must do so.

Also when the insurance company asks you to complete an activity log, this only confirms that you are being watched. Always follow your doctor's instructions diligently and carefully.

5. Using the lawyer of the insurance company to file for social security benefits.

You are generally being required to also file for Social Security benefits when you receive long-term disability benefits. There are times that the insurance company's lawyer will offer you their assistance with the application process.

You should be wary of this and think twice before using one of these insurance attorneys. There are times that their guidance in choosing certain disabilities on their Social Security disability benefits applications ends up being much harder when proving a long-term disability claim.

6. Choosing an inexperienced ERISA attorney.

This is one of the common mistakes of a claimant; they tend to work with a lawyer who is not experienced in ERISA. Remember that ERISA is a complicated law. And many rules are governing the disability application process.

So whether you are applying for long-term disability or short-term disability ERISA in Nevada, look for someone who has years of experience in the field. ERISA disability claims also regulate the deadlines for employees for filing an appeal and issuing another deadline for deciding the status of the claim.

ERISA lawyer in Las Vegas has the knowledge and experience in following the strict deadlines to what evidence is allowed during an appeal.

Why hire an ERISA Disability Lawyer in Las Vegas?

One way to ensure that your ERISA application won't be denied is by using an experienced and knowledgeable ERISA lawyer in Las Vegas. They can work with your claim every step of the way.

You must know that only a few lawyers have specialization in ERISA. They will help you gather fruitful information about the disability policy's features, Las Vegas disability benefits, terms, and other technicalities. From the beginning of completing the claim forms up to sending them to the insurance company, they will make sure that there are no mistakes.