How Disability Attorneys Use ERISA Guidelines to Help you Win Your LTD Appeal

Experienced disability attorneys know how to make the right arguments to bring your long-term disability claim under control.

In fact, if they specialize in ERISA claims they will be there to help you prevail in court, too! 

If you are struggling to deal with a long-term disability appeal, it’s time for you to reach out to an experienced ERISA disability attorney.

Here’s Why..

 
 
 

The Basics: What is ERISA?

ERISA is a federal law that provides guidelines for insurance companies on how to administer certain employer-sponsored benefits.  Short and Long-term disability benefits being central tenets of these plans, they are covered, or governed and appealed, under ERISA law.  
Here’s our article on ERISA benefits if you need more of a primer.  
The point here is that we convey the importance of working with an experienced long-term disability lawyer.  They will keep you on track (and the claim alive by helping in the following ways:
 

Managing ERISA Timelines

  • In Long-term Disability claims and appeals, ERISA defines strict timelines that must be followed for claimants and insurance providers.  If you miss these timelines, your case or claim will likely be denied or underrepresented.  Either way, you will likely not get the benefits you have paid for.  One of the most effective things your attorney will do for you is to make sure you hit all your timelines, and to hold the insurance companies feet to the flame by ensuring they meet all their deadlines too!

 

Using Strategy in Developing & Delivering Evidence

  • You will likely need substantial medical evidence to win your disability appeal.  Good disability attorneys will make sure all medical records are collected before any necessary hearing, or request in the case.  In preparation for a potential future lawsuit against your insurance provider, your attorney will be working feverishly to “stack the record” on your behalf too.  This means, they will work to get all possible supporting evidence into the disability appeal so that it can be presented at a later date, should your insurance provider keep denying you. 

 

Identifying Key Insurance Company Mistakes and Exploiting Them

  • Your insurance company may have made a mistake!  No kidding, they denied you, right?  But in seriousness, they may have made a mistake as far back as laying out the terms of your long-term disability policy.  In fact, they may have denied you for a reason that has since been disallowed by law, or court decision.   Your disability attorney will be able to spot these mistakes and find ways to get them to help your claim. 

 

Leveraging Experience With Judges in ERISA Lawsuits

  • If you practice enough ERISA law, you get to know the judges, the insurance companies, their lawyers, and everyone else.  This is not new territory for these people.  Nor is it for us!  Sometimes, what it takes to fix these disability claim challenges, is knowing who it is you’re fighting, and what they need to see to get them to stop fighting you.  There is no substitute for experience.

 

Defending You From Predatory Insurance Company Tactics

  • Insurance companies will not only bring in evidence against you; they will seek it out…sometimes even bringing video surveillance to “prove” your disability is not a debilitating as you claim. Your attorney will fight these low-ball tactics and delve deeper into the investigation to discredit this information.  We will fight back against these tactics.

 

You CAN Win an ERISA Appeal

Remember, everyone is allowed to appeal their claim if they are initially denied.  If you are denied your long-term disability claim, the insurance company wants you to throw your hands up and give up.  Don’t!  There is no good reason not to fight them, especially if you have a strong advocate in your corner.  
We are here to help you win your case.  Reach out to us today!
 
 

2018-12-20T07:51:12+00:00