Call an experienced disability benefits lawyer at 504-322-1488 to schedule your consultation.

Willeford & Toledano - ERISA

Call an experienced disability benefits lawyer at 504-322-1488 to schedule your consultation.

4 common myths about ERISA claims

On Behalf of | Jun 7, 2022 | Firm News

When filing a claim under the Employee Retirement Income Security Act (ERISA), it is crucial to get everything right. Otherwise, you may hit a snag and miss out on disability benefits.

Having the necessary information beforehand will help you navigate the process without much hassle. Unfortunately, many employees are not well informed, and it ends up hurting their claims. Below are some common myths about ERISA claims that you ought to know before making a claim.

Claiming disability benefits is a smooth process

It makes sense to think that since you are contributing to the scheme, claiming benefits should be pretty simple and straightforward. However, it is not always the case. Insurers are in business at the end of the day, and they will closely scrutinize your claim looking for loopholes or inconsistencies. Even the slightest of mistakes can be costly.

You can immediately sue an insurance company after a denied claim

After your ERISA claim is denied, you cannot rush to court for relief without first exhausting internal appeal procedures. The court can only be involved once you receive a final decision from the insurer.

A diagnosis entitles you to benefits

A diagnosis does not automatically translate to benefits. Your condition should affect your ability to work. If you have been diagnosed with a disability or illness but can still work, you may not receive any benefits.

You don’t need help with an ERISA claim

You do. An ERISA claim is unlike your typical workers’ compensation case, and things may get complicated along the way. It is advisable to get assistance from a qualified party, conversant with the ins and outs of the claims process. You are more likely to have a successful claim with the correct guidance than when you go it alone.