Disability law is often focused around an employee’s disability insurance policy. When a person becomes unable to work due to a disability, they may qualify for benefits through the disability plan of their employer. It can be extremely difficult and complicated to receive these benefits. An experienced disability lawyer can file the claim successfully. They also navigate the process for appeal when necessary. Many disability attorneys also handle cases for Social Security disability. This is completely different than private or employer disability insurance claims and is achieved through the Social Security Administration.
Disability insurance is offered to millions of employees every year by their employers across the nation. One of the main issues is the majority pf employees do not take the time to read the fine print. They also do not realize ERISA is the term for unless they pursue a claim. The Employee Retirement Income Security Act governs the disability insurance plans provided by employers. This federal law is often referred to as ERISA. Every aspect pertaining to the welfare benefits of the employee are regulated by this law.
When an individual file for disability benefits the claim can be denied by the insurance company. ERISA enables these individuals to pursue their claim in a federal court. Disability attorney services Baton Rouge LA have crucial experience with this process. They understand the ERISA law and provide excellent representation. These attorneys are also familiar with the specific timelines for required actions. The regulations of ERISA are complicated and control all facets of the employee’s plan. This includes the way the plan’s benefits can be obtained by the employee. The employer is required to provide all employees with incredibly detailed information regarding their disability benefits. This is generally part of the paperwork the employee receives when they begin working for the company.
Once the claim has been filed by the employee, time limits are set by ERISA for the insurance company to decide pertaining to the claim. The insurance provider has 45 days to decide to deny or accept the claim for disability from the date it was filed, If the employer is notified the claim can be extended for an additional thirty days. This process is difficult, and the desired results are not often achieved. If long term benefits for disability have been denied by the insurance company the case can be pursued in a federal court due to the ERISA laws.
It is incredibly difficult to overturn a denial and almost impossible without an experienced disability attorney. A lawyer will ensure there were no errors made and the claim is well supported. For the individual to have a chance of winning their initial claim it must be as strong as possible the attorney will handle the application and walk their client through the process. They increase the chances of their client winning their disability claim. Most of cases without an attorney present are denied.