Common Mistakes To Avoid On An ERISA Disability Benefit Application

Suddenly being unable to work because of a disability can be emotionally and financially devastating. You need the disability benefits from the policy you took out under the Employee Retirement Income Security Act (ERISA), but the chances of making a mistake on your application are high.

At Toledano Disability Law, our experienced attorneys have been advocating for the rights of disabled clients throughout Louisiana and Texas and nationwide for decades. We know what it takes to make sure your disability application is correct and clear and get you through the claims process. We also know some of the top mistakes you need to avoid.

Mistake 1: Relying On Your Employer’s Word That You Qualify For Disability Benefits

The insurance company decides who qualifies for benefits based on the legal definition of a disability in their policy. Your employer’s opinion on your ability to work or your right to benefits does not have any bearing on your claim.

Mistake 2: Only Submitting The Forms Provided By Your Insurer As Proof Of Your Disability

The insurer will, without doubt, have paperwork that must be completed by your physician. However, that paperwork may still be inadequate to prove your disability claim. You may need additional information from your doctor that explains how your condition prevents you from performing the major duties of your occupation.

Mistake 3: Relying On Your Employer’s Human Resource Department To Guide You

Your human resource department does not have any special knowledge about your long-term disability policy, nor can they influence the decision. They may occasionally assist with claims, but the real burden is always on the disability claimant.

Mistake 4: Not Working With An Experienced ERISA Lawyer From The Start

ERISA is a complicated area of the law, and a single misstep can be disastrous for your claim. When you are coping with a serious health issue, you need an attorney who can shoulder the burden of making your long-term disability claim on your behalf.

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Call CALL or reach out online to schedule your free case evaluation today with Toledano Disability Law. We are here for you.