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A Lawyer’s Advice on What Not to Do When Filing an ERISA Disability Claim

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In the event of a disability that prevents you from working for a couple of months, you have the right to file an ERISA disability claim if your employer makes this policy available. While this is the norm, the truth is that most individuals do not get these benefits because they make mistakes when filing an ERISA insurance claim. Getting an experienced ERISA lawyer can help you avoid these mistakes and ensure you get your due benefit. To further assist you, this article lists some useful advice from a lawyer when it comes to filing a disability claim.

Depending on Your Company’s HR Department’s Advice

The personnel in a company’s human resources (HR) department usually advise staff on how to go about filing the claim. Although you should welcome and appreciate such advice, don’t solely depend on it. This is because these individuals are not well-trained to interpret the policies of the insurance company. Therefore, you need to hire an ERISA lawyer to advise you on what to do. 

Assuming Your Employer’s Guarantee is Enough Evidence

Another silly mistake people make is that they assume that the guarantee from their employer is enough evidence. There are plenty of articles on the internet that talk about the different types of evidence and how they affect a case. What they don’t realize is that the LTD insurance company is a separate business. As such, they are not obligated to follow the words of your employer. 

To get the benefits you’re due, the LTD insurance firm will research the claim. This means you’ll need concrete evidence, not just words or a written note from your boss. With the aid of an ERISA lawyer, you should be able to gather evidence and secure the claim. 

Performing Activities Your Doctor Prohibited

When you file this claim, the insurance firm will not just hand out the benefits immediately. Expect them to monitor your activities and what you do. During this period, ensure you don’t do any activity your doctor prohibits. 

If the insurance company discovers it, they’ll believe you’re probably faking the injury. They don’t care whether you need some days to recover after the activity or whether you were in pain as you performed the activity. Therefore, ensure that you follow the instructions of your doctor completely.

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Documenting the Disability Claim with the Insurance Company’s Forms Alone

When you want to get benefits from the LTD insurance company, you’ll have to fill out their forms. However, doing just that is a big mistake. You need additional documentation to support your claim, and there’s none as good as a doctor’s report. 

Although the doctor will answer some questions when you fill out the insurance form, you still need to get the doctor’s report. You can check out this article to learn about the history of insurance in America. Discuss with your doctor and tell them the terms of your insurance policy. Then ask them to write a report that explains your disability and how it prevents you from working. 

Using the Lawyer Provided by the Insurance Company to Get Social Security Benefits

When you secure approval for LTD benefits, you should file a claim for Social Security disability benefits. Sometimes, the insurance company will provide their lawyers to help you with this process. Do not agree to this arrangement, as some lawyers trick their applicants into choosing some disabilities on the Social Security disability benefit application. Those choices might jeopardize your chances of proving your long-term disability claim.

Choosing an Inexperienced ERISA Lawyer

An inexperienced ERISA lawyer might not have what it takes to secure your claims. The laws and rules governing this type of insurance are complex. Only one with a deep understanding can navigate the process and secure victory. 


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