The importance of experienced legal counsel in a disability claim

| Jun 4, 2020 | Blog, ERISA

Filing for disability benefits can be a frustrating experience for many claimants. Applicants are unable to work and many times must be off from work for an extended period before benefits are even available. This is not only true for New Jersey residents applying for Social Security benefits, but many workers who are covered under the ERISA laws must also endure a waiting period before becoming eligible for payments. Application approvals are also commonly wrought with technicalities that the typical filer may not understand, which are also details the insurance providers can use to continue claim denial.

Disability claims that are filed with a private long term disability benefits provider under ERISA follow the same basic steps when the case goes to a review hearing. The agency must be convinced that the claimant is indeed unable to work based on a specific medical condition or multiple conditions resulting in an inability to maintain substantive gainful employment. This is not always an easy task, but a legal professional in the disability field understands what the providers are expecting as proof of the claimant’s inability to work, whether the issues are physical or mental.

Elements of a claim can include verified medical documentation such as diagnosis and long-term prognosis from medical professionals who have conducted tests or supplied psychological therapy in identifying the problems and determining a treatment regimen. Many disabilities are life-long problems that definitely result in a valid claim for disability due to the inability to earn a reasonable living. A New Jersey disability attorney can compile all medical evidence and personal testimony in crafting an acceptable case to the particular ERISA benefits provider.

It is always a real advantage to have comprehensive legal counsel when pursuing a disability claim from the very beginning. A knowledgeable attorney with experience in disability cases and can represent the case throughout the claim process. Attorney experience can be a very important factor when applicants are pursuing quick approval.