Carrollton ERISA Disability Lawyer
For American workers, disability insurance–otherwise known as income replacement–is one of the most important benefits available in ERISA compensation packages. It gives employees the peace of mind that if unforeseen events prevent them from working, they can still maintain financial security. Unfortunately, many ERISA disability claims in Carrollton are denied.
Speaking with a Carrollton ERISA disability lawyer may be beneficial when making a long-term disability claim to ensure that your rights are protected and that you are receiving what you are entitled to under ERISA.
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What is ERISA?
The Employee Retirement Income Security Act (ERISA) is a federal law passed in 1974 that governs employee benefits provided by private companies, including disability benefits.
ERISA ensures that employees receive the benefits they are entitled to by regulating employers and insurance companies, keeping them transparent and honest in their practices, and setting minimum standards for health and pension plans.
Georgia ERISA Disability Coverage
ERISA disability policies typically only cover 24 months of being unable to perform work duties that an individual previously performed before the accident or illness. After this 24-month period, disability coverage may stop completely, unless the individual is unable to perform any kind of job.
This means that long-term disability benefits could be terminated under ERISA if an individual is physically and medically able to work at another type of job.
It is important to note that if an individual is approved for long-term disability benefits, they will only receive a percentage (usually 60 percent) of their former salary. If an ERISA disability claim is denied, individuals can file an internal appeal with the insurance company.
Failing that, the appeal can advance to federal court where a judge will make a final determination usually based on the administrative record, rather than new evidence.
A Carrollton ERISA disability attorney is essential for these types of proceedings since they have the knowledge and experience needed to guide individuals through the often complex and ambiguous legal process.
If an individual has a mental health condition–like depression or anxiety–that prevents them from working, payment under ERISA may be limited to no more than 24 months depending on the wording of the policy or any mental health clauses.
Consulting with a lawyer is beneficial in these types of cases because appeals can be complex and lengthy. A Carrollton ERISA disability lawyer can help individuals prepare for an appeal and get the monthly benefits they are entitled to.
If your ERISA disability claim was denied, you need a lawyer on your side who has the knowledge and skill to win an appeal.
Your attorney can analyze medical reports, help with application forms, speak with healthcare providers, and guide you through the ERISA appeals process to ensure that you are financially covered when you are unable to work. When an insurance company refuses to pay, you deserve the best shot at getting the benefits you are rightfully entitled to.
Speak with a Carrolton ERISA disability lawyer today to learn more about your rights under ERISA and to get the advice you need to move forward with your claim.
