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If you are disabled, you may struggle to provide income to support yourself and your family. While many people qualify for disability benefits, the process of filing a disability claim can be overwhelming and confusing, resulting in a denial.
Working with a Pinellas Park disability dispute lawyer can take the burden of seeking disability benefits off your shoulders. The experienced attorneys at Herrman & Wells have decades of experience handling ERISA and disability disputes. We can guide you through the claims process, making sure your documents have the proper information and you meet vital deadlines.
Unless you work for the government or a religious organization, group disability insurance policies are governed by a law called ERISA (Employee Retirement Income Security Act). ERISA rules and regulations can be complex, resulting in denials for valid disabilities.
Some of the most common reasons for disability claim denial include the following:
Many of the issues related to disability denial are caused by misleading forms and practices by insurance adjusters. Securing the help of our Pinellas County disability dispute attorneys before you file your claim can help you avoid the common errors that often lead to denial.
Under ERISA, you have the right to file at least one appeal if your disability claim is denied. This means you must file an appeal before you can file a lawsuit. Understanding the process can help you accurately prove your case and supply the evidence necessary to support your claim.
Here’s what you should know about the appeal process:
Once you receive a denial letter, you have 180 days to file an appeal. Use this time to gather medical evidence to support your claim. Simply stating that you disagree with the denial and want to appeal is not enough to have your claim reconsidered. More importantly, the evidence you submit will be the only evidence allowed in court if your appeal is denied and you need to file a lawsuit. Most disabled persons who handle their own appeals do not do it correctly, damaging their disability case. You must consult with an attorney who is familiar with ERISA disability claims to protect your rights.
ERISA lawsuits are required to be filed in federal court. This affects the legal process and how your case is handled. In most cases, the procedure will not include a trial. The case will be determined by a judge (not a jury), and the decision is often made based on written submissions from both sides. Also, once an appeal is denied, no more evidence can be submitted, even once a lawsuit is filed. The judge makes their determination based on what was in the Insurer’s file when the final denial was made. This is why the evidence you submit during your appeal is critical to your case.
Working with our seasoned disability dispute lawyers in Pinellas Park can help you navigate the appeal process, gather strong evidence, and improve your chances of a successful claim.
Handling a disability dispute is stressful and challenging when one is unfamiliar with the complex laws involved. A Pinellas Park disability dispute lawyer can help you manage your claim effectively and ensure you have the best chance of success.
At Herman & Wells, our disability insurance attorneys are familiar with the complex process surrounding disability claims and can guide you through each step. Contacting us early in the process is the best way to ensure you have accurate information to support your claim and are not misled by intentionally complex forms. Contact us today to schedule your free consultation.
