After sustaining a serious injury that impairs your ability to work, you may be entitled to long-term disability benefits under the Employee Retirement Income Security Act (ERISA), an employer-sponsored insurance plan.
While ERISA can provide injured workers with the benefits they need to cover the costs of their medical care, the process of getting these benefits can be difficult, and any mistake people make as they apply can result in significant roadblocks to getting benefits. In fact, while these mistakes can cause ERISA benefits to be reduced, they may even end up preventing people from getting benefits altogether (as insurers may flat out deny these claims).
Below and in second part of this blog to come, we will highlight some of the most common mistakes to avoid when applying for ERISA benefits. By doing your best to avoid these mistakes, you can facilitate your claim and avoid inadvertently sabotaging the process. If you are ready to get some specific information about your case or start applying for ERISA benefits, contact Denver ERISA Lawyer Shawn McDermott.
Some of the mistakes to avoid when applying for ERISA benefits include:
- Relying on your employer’s opinion alone as evidence of your disability – While your employer may agree with you that your condition substantially prevents you from being able to carry out your job duties, this agreement alone will not be sufficient evidence in the eyes of insurers to grant you ERISA benefits.In fact, your employer really has no influence in whether these benefits are eventually granted, and it’s unlikely that your employer is well-versed in the specific terms of these insurance policies to really be able to help you obtain ERISA benefits.
- Not having supporting medical documents to prove the severity of your disability – For insurers who are deciding whether to issue you ERISA benefits, “sufficient” evidence of the nature and severity of your disability will generally have to come directly from your doctor. The more detailed the doctor’s report is regarding your condition, the better.Therefore, you can avoid this mistake by asking your doctor to provide a detailed report of your condition (and explaining that you need this report because you are applying for ERISA benefits). While there may be a fee for your doctor’s time in creating this report, this cost is worth it, as it can help you get the benefits you need.
Look for the second part of this blog for a continued discussion of common mistakes to avoid when applying for ERISA benefits.
Denver, Colorado ERISA Lawyer at McDermott Law, LLC
If you are getting ready to apply for ERISA benefits, having the help of a skilled attorney can be invaluable. Denver, Colorado ERISA Lawyer Shawn McDermott is both experienced with these types of disability cases and dedicated to helping people obtain the benefits they need and deserve. Always ready to aggressively advocate his clients’ rights, Shawn McDermott has a proven track record of success when it comes to helping injured individuals:
- File ERISA claims
- Navigate the complexities of the process
- Stand up to insurance companies
- Secure the maximum possible benefits for their injuries.
When you choose to work with Denver, Colorado ERISA Lawyer Shawn McDermott, you can rest assured that you are getting the best possible representation for your disability claim and that you have the best chances of resolving your case as favorably and efficiently as possible.
Learn More about ERISA – Contact Us Today
For more information about your legal rights and entitlements, along with a professional evaluation of your potential case, set up a free consult with Shawn McDermott by calling
(303) 964-1800 or by emailing us using the form on this screen.