Do I Need An Attorney to Handle My ERISA Disability Appeal?
It is helpful to have an attorney can handle your ERISA disability appeal. An ERISA attorney can provide insight into the disability insurance company and make sure you have a complete disability claim file for the company to review.
It is important to hire an attorney, to handle the appeal because once the disability insurance company has denied or terminated benefits, the appeal is the most important step in fighting for your benefits.
An experienced attorney knows what type of supporting documentation should be provided to the insurance company during the appeals process. Just because your doctors have filled out the forms saying you cannot work does not mean the insurance company will agree. In fact, they likely will not.
Under the law, the appeal is your last chance to provide evidence to support your case. Once a final decision is made by the insurance company no additional information, can be submitted. This means you cannot provide any more medical information to support your claim.
If you try to handle your appeal alone you may not know which documents should be provided. Something that seems unimportant to you could be very valuable to your case. You may even fill out a form requested by the insurance company that you did not need to fill out. And that form could potentially be harmful to your case.
Additionally, if your case goes to court, it will be decided by a federal judge. Unlike other types of cases, in an ERISA disability case you have no jury. Instead, the judge’s entire decision is based on the insurance company’s file on your disability claim. If your appeal does not include updated medical evidence to support your disability your chance of winning is lowered. Similarly, if the file does not address important legal issues, your chances of getting your benefits are lessened.