ERISA stands for the Employee Retirement Income Security Act of 1974. The federal government passed ERISA to set standards for employees enrolled in private pension, health, and welfare benefit plans. ERISA does not require that employees offer these plans, but it does protect employees who are enrolled.
If your long-term disability benefits are denied, it is important that you speak with a lawyer. You may need an ERISA attorney if you have been denied the benefits outlined in your Summary Plan Description. ERISA law can be very complicated. An attorney will review your Summary Plan Description and can appeal a wrongful denial. The Employee Retirement Income Security Act provides specific details for filing claims and an appeals process.
Disability Claim Wrongfully Delayed or Denied
Due to the complex nature of ERISA law, we strongly encourage that you speak with a lawyer about your claim. For many who become disabled and can no longer work, long-term disability benefits are their only source of income while they recover. In most instances, your long-term disability plan will also require that you apply for Social Security disability benefits. Applying for Social Security disability benefits is a very long process. A Social Security disability attorney can help you file for SSD and SSI benefits, appeal any denials, and represent you before an Administrative Law Judge.
If you feel that your application for long-term disability benefits is being wrongfully delayed it is important to speak with an attorney. Contact an attorney immediately if you receive a wrongful denial of your benefits. Remember, this is a complicated area of federal law and having an experienced attorney on your side is important.
Reasons Long-Term Benefits Are Denied
Applications for long-term disability benefits are reviewed by claim administrators who work for the insurance company that provides the plan. It is in the insurance company’s interest to deny more claims than they approve. There are many reasons that employer-provided long-term disability plans are denied. Below are some of the most common reasons coverage is denied.
- Your specific disability or condition is excluded from the policy.
- Your policy excludes pre-existing conditions.
- A lack of medical documentation.
- It is determined that your condition is not disabling.
- Deadlines are missed.
We recommend that you consult with an attorney about your long-term disability benefits. Berger and Green has been helping individuals with disabilities for over 40 years. Call today at 412-661-1400 to discuss your long-term disability benefits.