Are you currently filing for disability in New Jersey? If so, the Second Court has limited the scope of disability benefits in a ruling that may affect you. The court further ruled that this does not make for any kind of violation of rights under ERISA. While controversial, the ruling has held up.
Shifting the focus from physical to psychiatric
The Second Court has found that ERISA disability claims are not adversely affected when they are limited. This ruling is only applicable if the limitation is made under certain conditions. These will mainly be the shift from classification of a disability from physical to psychiatric.
Such a shift can result in many changes to the scope of your ERISA benefits. The amount of your compensation may be altered. There may also be changes in the duration of your benefits. In some cases, your benefits may be completely terminated as a result of this decision.
It should be noted that this trend is growing at a rapid pace. This is true not only in the state of New Jersey but in the rest of the nation. There is no need to worry that the awarding of ERISA benefits is on the decline; however, the movement toward limiting their scope and duration shows no signs of abating.
What to do if you are affected
A reclassification in your status doesn’t mean the end of your compensation, but you will need to pay attention to developments in your case. If you feel that you have been adversely affected by an alteration in your benefits, you can appeal the decision. You will need to file your claim in a timely manner.
It will be up to you to gather all of the evidence that is required to prove your case. This means collecting all of the relevant medical and insurance documents. These will furnish the data you need to prove that your case is legitimate.
