Frequently Asked Questions
What is ERISA disability insurance?
ERISA disability insurance generally refers to employer-sponsored disability benefit plans governed by the Employee Retirement Income Security Act (ERISA). These plans may provide short-term or long-term disability benefits when a medical condition prevents an eligible participant from working.
What should I do if my ERISA disability claim is denied?
Review the denial letter carefully and pay attention to the deadline for filing an appeal. The ERISA appeal process can be especially important because the documents and evidence submitted during the administrative process may affect later litigation.
How long do I have to appeal an ERISA disability denial?
Deadlines depend on the plan and circumstances. Many ERISA disability plans provide a limited period to submit an administrative appeal, so it is important to review your denial letter and plan documents promptly.
What evidence can help support an ERISA disability claim?
Relevant evidence may include medical records, physician opinions, diagnostic testing, treatment history, medication information, occupational requirements, and other documentation showing how your condition affects your ability to perform your job.
Can an insurance company terminate disability benefits after approving my claim?
Yes. An insurer or plan administrator may periodically review an existing claim and determine that benefits should end. A termination may be challenged through the applicable ERISA claims and appeals process.
What happens during an ERISA disability appeal?
An appeal generally gives you an opportunity to challenge the insurer’s decision and provide additional medical, vocational, or other supporting evidence. The plan administrator then reviews the claim again and issues a decision.
Will my ERISA disability case require a court hearing?
Not every claim reaches federal court. Many disputes go through an administrative appeal first. If benefits remain denied after required administrative remedies are exhausted, litigation may be an available option depending on the circumstances.
Can I work while receiving ERISA disability benefits?
It depends on the terms of your disability policy or benefit plan, including its definition of disability and rules concerning employment and earnings. Review the specific plan before returning to work or changing your work activity.
What types of ERISA disability claims can a lawyer assist with?
An ERISA disability lawyer may assist with initial claims, denied claims, administrative appeals, terminated long-term disability benefits, interpretation of plan documents, and litigation involving employer-sponsored disability plans.
How much does it cost to speak with an ERISA disability lawyer?
Fee arrangements vary by lawyer and case. If your website offers a free initial consultation, you can invite visitors to discuss their situation and learn about potential fees before deciding whether to proceed.
