If you have an illness, injury, or health condition that impacts your ability to do your job, you may be entitled to long-term disability payments under your employee benefit plan. The federal Employee Retirement Income Security Act (ERISA) sets the rules for most of these plans.
If you are seeking long-term disability payments, it is essential to understand the ERISA restrictions and limitations. The skilled Charlotte ERISA attorneys at The Sasser Law Firm, PA can help you build the strongest possible application for ERISA long-term disability benefits and support you through the appeals process, if necessary. Contact us today to learn more.
The word “restrictions” has a specific meaning in the context of long-term disability claims. A restriction is something your treating physician advises against, based on your physical condition. A doctor could advise restricting any conduct or activity that could aggravate your condition or interfere with your recovery. Some examples of common restrictions include:
Medical restrictions are evidence that you have a health condition that impacts your daily life.
When your doctor in Charlotte issues a restriction and you plan to apply for ERISA long-term disability benefits, the medical record must explain why the restriction is necessary. An ERISA long-term disability attorney at our firm can help ensure that the medical record provides clear support for your claim.
Limitations are critical in the context of Charlotte ERISA claims because they define your capability to perform a specific job.
Limitations can be objective, such as a measurable decline in visual acuity after an eye injury or an inability to bend at the waist after a back injury. Limitations are often subjective, such as intolerable pain when moving in a specific way. Both types of limitations are valid information that the insurer must consider when evaluating your long-term disability application, but they may scrutinize a subjective limitation more closely.
Our disability attorneys can ensure your application contains as much evidence as possible supporting your limitations. This could include f testing results, imaging and scans, witness statements, and other evidence that demonstrates your limitation.
The insurance companies providing ERISA disability plans pay disability benefits only when there is evidence that your medical condition prevents you from performing your job. Depending on your policy, the company may deny benefits if you are able to perform any job.
The restrictions your healthcare provider suggests and the limitations you can prove demonstrate your ability to perform certain tasks. Insurance companies review this information closely and may ask independent healthcare providers to review it before making a decision on your benefits.
Our attorneys in Charlotte will anticipate the issues the insurance company may focus on and any relevant restrictions when reviewing your ERISA disability application. We will ensure your application provides all the information available and presents it in a persuasive way that supports your right to benefits.
When a health condition prevents you from working, you rely on your disability insurance. Unfortunately, insurers often deny legitimate claims for benefits citing lack of documentation or lack of objective evidence.
At Sasser Law Firm, PA, we understand how to prove Charlotte ERISA restrictions and limitations. Contact our office to get help with your ERISA disability matter.
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