If you have disability benefits through your employer, it is likely that the federal Employee Retirement Income Security Act (ERISA) governs your plan. ERISA is a complicated law that sets rules for how disability benefits are granted and how you may appeal and challenge a denial of benefits.
Understanding ERISA in Charlotte is critical to the success of your claim. The dedicated ERISA attorneys at Sasser Law Firm, PA routinely work on matters concerning ERISA plans. Contact us if you need help applying for benefits or appealing a denial.
ERISA regulates employee benefits like pensions and retirement savings plans, health insurance plans, disability benefits, and life insurance plans. ERISA covers most employer-sponsored disability plans in the private sector. If you work for a religious organization or the government, ERISA may not apply.
ERISA imposes strict rules to protect these employee benefits. You are entitled to explanations of plan benefits, clear instructions about how to file claims, and the plans must follow certain procedures when deciding whether to pay or deny a claim. The plans also must establish a procedure for appealing a claim denial.
Trying to manage a claim or appeal a denial without help can be overwhelming when you are not feeling well. Our Charlotte attorneys at Sasser Law Firm, PA can manage your ERISA disability claim from application onwards, enhancing the likelihood of a successful outcome and helping you understand the process.
If you have a health condition that prevents you from earning a living, accessing your disability benefits is critical. Unfortunately, insurers initially deny many valid disability claims. When you work with our ERISA disability attorneys in Charlotte, we can ensure your application thoroughly documents your condition and its impact on your functioning, increasing your chances that the application will be approved.
Disability policies sometimes contain exclusions that may apply to you. For example, some policies only offer benefits for a limited time for specific diagnoses, or exclude some diagnoses from coverage entirely.
The insurance company or employer providing the disability coverage must abide by ERISA requirements, but they may establish their own procedures within that framework. Failing to comply can lead to delays and claim denials. Read your policy and explanatory materials carefully and ask for guidance from your Human Resources department if you are unsure.
For many people, presenting adequate documentation of their condition is the most challenging aspect of a disability application. Claim denials often cite inadequate documentation as the reason. Your application must include clear and extensive medical evidence that you cannot perform work-related tasks.
A significant percentage of initial applications for disability benefits are denied. You will receive a letter citing the reason for the denial. According to 29 Code of Federal Regulations 2560.503-1(h), you have 180 days to appeal the decision. Our Charlotte disability lawyers can review your initial application and the denial to develop an appeal strategy, keeping you informed throughout the process. This takes time, so it is critical to contact them as soon as you receive the denial notice.
In most cases, building a case for appeal means presenting additional documentation. We might arrange for you to get a functional capacity evaluation or independent medical examination, and may suggest tests that might provide objective support for your subjective symptoms.
Your disability benefits are a lifeline when you have a health problem that limits your ability to work, but accessing them can be challenging. Understanding ERISA in Charlotte can help you set reasonable expectations about the process.
Our team at Sasser Law Firm, PA can relieve some of the uncertainty. Contact us today to put your request for disability benefits in the hands of an experienced attorney.
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