An injury or illness that leaves someone permanently disabled can happen unexpectedly. Not only can this cause physical and emotional anguish, getting the benefits you need can be painstaking.
Workers who have become disabled have options available to them that they may not be aware of under the Employee Retirement Income Security Act of 1974 (ERISA). This act provides workers with disability and retirement asset protection and transparency.
In order to qualify for ERISA protection, your disability insurance benefits must be offered through your employer. Certain employers are exempt from the provisions of ERISA including state and municipal employers and church sponsored plans.
What does ERISA offer for disability?
Private disability insurance plans offer compensation for disabled workers. Most often this is based on a percentage of their salaries. In many cases, insurance companies will deny disability claims if there isn't enough evidence provided or if paperwork isn't filled out correctly.
When you file a claim, the insurance company must decide to accept or deny your claim. You will be required to submit details of your claim and supporting documentation. There are limited periods of time in which these claims can be made, and oftentimes claims are denied for failing to fulfill these strict requirements. Reasons for denial should be provided in writing.
If your disability insurance plan is covered by ERISA, you may have the right to appeal a claim denial. If your appeal is denied you may be able to file a lawsuit to pursue compensation. Strict adherence to the timetables provided may be a prerequisite in order for you to seek redress in court. Your attorney may argue that the insurance company acted improperly and that the record establishes that there is sufficient evidence to confirm your disability.
In addition, your employer must offer you transparent information regarding your disability benefits. This includes:
- How to file a claim in the event of a disability
- What is covered and what is not under the plan
- How to appeal a claim denial
How can I avoid having my disability claim denied?
The best way to avoid having your disability claim denied is to consult with an experienced disability and retirement attorney.
An attorney at the Law Office of Mark B. Morse, LLC can:
- Ensure that all paperwork is properly filled out
- Ensure that all filing and appeal deadlines are met
- Provide evidence and documentation to support your claim
- Handle and prosecute your federal court claim in an aggressive and appropriate fashion
ERISA and retirement
In addition to disability benefits, attorney Mark B. Morse can help you protect and obtain retirement benefits under ERISA, which covers assets invested and managed by your employer.
ERISA protects your retirement assets from mismanagement and loss by your employer. Financial damages to your retirement assets may be obtained through a lawsuit.
Attorney Morse has more than 35 years of experience litigating ERISA cases involving both disability and retirement benefits. To learn more about how he can help you, contact Law Office of Mark B. Morse, LLC online or call our Providence, RI office at (401) 831-0555.