Many workers in the United States work for employers who provide pension and insurance plans. Typically, these plans comply with the requirements of the Employee Retirement Income Security Act of 1974, also known as ERISA.
Filing an ERISA claim for long-term disability benefits can be a complex process. You will need to complete several forms, including claim forms, medical records, and physician statements. You may also have to attend a medical examination with a doctor chosen by the insurer.
Once the claims administrator has reviewed your claim, they will either approve or deny your claim. If your claim is denied, you typically have 180 days to file an ERISA appeal. First, you should refer to your denial to find out the reasons for your denial and the procedure for filing an appeal under your plan. As you file your appeal, make sure you:
- Adhere to all deadlines.
- Adhere to all plan rules and requirements.
- Provide all necessary evidence, including complete medical and vocational records.
- Provide testimonials detailing how the disability has impacted your work and personal life.
- Keep a record of all your communications with the insurer.
You generally only have one chance to appeal an ERISA denial and you only have a limited time to file your claim, so it is very important that you do not make any mistakes. Your attorney can help collect the information and evidence you need to prove your claim and make sure you meet the necessary deadlines and requirements to give you the best chance at success.
