Top 8 Common Mistakes with An Erisa Disability Appeal
When you are disabled in the line of duty and cannot work anymore, you may qualify for the Employee Retirement Income Security Act (ERISA). When appealing for your ERISA claim, it’s your last chance to provide evidence showing you are eligible for the compensation. When appealing, it’s important to ensure you have well-supported evidence.
The ERISA case can be complicated, and you need to ensure you have an ERISA Disability Lawyer to guide you on what you must do and the steps you must take to win an appeal. More information you can find on longtermdisabilitylawyer.com.
There are many mistakes that most people commit during the appeal process that can jeopardize the case and make it more challenging. This article will explore the common mistakes with an ERIS disability appeal that you should avoid.
Failure to Review Your Policy
Before you file a disability claim under the ERISA, you must ensure that you have read and understood your long-term disability policy. Those at work need to ensure they have the copy of the original copy to make sure that nothing is added or subtracted from it. If you don’t have the agreement policy at the time of appeal, you can request your lawyer to take it from the HR manager or benefits plan administrator. Further, you can review the policy agreement at the company’s online portal to ensure your case falls under the said agreement. You can discuss this with your lawyer to ensure you don’t miss anything.
failure to contact an erisa lawyer as soon as possible
The ERISA case is often complicated since you must show that your disability was insured and falls under the policy agreement. Without a lawyer, you tend to make numerous mistakes that will often lead to no or little compensation. It’s essential to hire a lawyer as soon as possible since a timeline dictates how long you can take before appealing. Failure to meet the deadline will lead you to lose the case. Some of the ways an Erisa lawyer can help you include the following;
- Helps identify Crucial Information that is missing from your claim
- Uncover flaws made by the insurance companies’ decision
- Ensure that you file the appeal correctly and on time
- File a lawsuit when the insurance company fails to pay your claim
- Help in gathering evidence that helps support your Erisa disability claim
Delaying or Procrastinating Your Appeal
When filing an ERISA lawsuit, you have at least 180 days to get a fair review of your denied claim. Failure to appeal before the time
elapses will make it hard to appeal, and you not get any compensation. It’s important to note that you must gather and present new evidence to help plan a review for your claim. When you file your claim, you receive a letter that indicates why your claim was denied and will outline a deadline for filing your appeal. When you delay till the last day, there is a high chance you will fail to present credible evidence.
Relying on Your Human Resource Department For Advice
It’s common to assume that Human resource managers are experts in all matters concerning employee benefits. The HR is not well trained in interpreting the insurance policies, and they do not influence the insurance and their decisions. To succeed with your appeal, you must talk to an experienced ERISA attorney who knows all the disability and insurance laws. They know the tricks used by insurance companies and can dodge them easily. They will help you interpret the law and guide you on what you must do to fill a strong appeal. They are some human resources that will mislead you on the steps to use, and by the time you realize it will be late.
Not Following The Right Appeal Procedure
When signing the Erisa agreement, there are procedures that most insurance company outlines that you need to follow to get compensation. Most people ignore the need to familiarize themselves with the terms and procedures used to file a claim. A mistake can complicate your case, and you are more likely to waste time and money. Always consult with your lawyer if you are unsure what procedures to follow and ensure you adhere to them. Consult the insurance company on their appeal application procedure and the required evidence type.
Failure to Use Certified Mail and Documentation
Most people often fail to use certified mail and documentation, which makes it for another party to understand your claims. When making your appeal ensure the paperwork is accurate and correct with all the needed dates and information. Also, send your hard copy Appeal through certified mail with the return receipt requested. Furthermore, keep at least one copy for your records if the information is lost during the transition.
Failure to Follow Up on Your ERISA Disability Appeal
It’s crucial to note that when you make your appeal, it will be received by a different person than the individual who initially reviewed your claim. All the information, which includes the new evidence, will be reviewed, and a decision will be rendered. This type of appeal has a deadline that cannot be extended without your consent. If you fail to follow up, you might miss this deadline extension, affecting your case. After filing your appeal, know when to expect the decision of your appeal. If you don’t receive any decision, constant your ERISA lawyer for guidance.
Overestimating the Amount of Your Evidence
ERISA cases can be complicated, especially with the amount of evidence required. Before filling an ERIS case, ensure you have consulted with your attorney to know the type of evidence required and how to gather it. Don’t assume that your appeal process will go through just because someone else is reviewing your case. Always consider the comprehensive approach when submitting your claims.
Seeking help from a reputable ERISA lawyer can help you avoid many of these mistakes. It’s essential to ask your lawyer the type of evidence needed and how to gather it. Your lawyer should guide you, help you collect this evidence, and compensate you for your loss.