It can feel overwhelming if you are starting an Employee Retirement Income Security Act (ERISA) claim. Dabdoub Law Firm is here to help with this extensive guide to help employees seeking to file a claim. From initial preparations to navigating potential disputes, we cover every ERISA claim filing process aspect.
Step 1: Review Your Plan
The first step in filing an ERISA claim is to review your disability insurance policy thoroughly. Understand the terms, conditions, and your rights under the plan. Look for specific details about what constitutes a disability, what evidence you need to provide, and how long you must be disabled before you can start receiving benefits.
Step 2: Gather Evidence
Once you've understood your policy, gather all necessary medical evidence. This can include medical records, physician's statements, diagnostic tests, and other pertinent information substantiating your disability. Remember, this evidence is crucial to the success of your claim.
Step 3: File Your Claim
After gathering all necessary evidence, file your claim with your plan administrator. Be sure to follow the procedures outlined in your plan document. Failure to adhere to these procedures could result in the denial of your claim.
Step 4: Wait for a Decision
Once you've filed your claim, the plan administrator will review it and make a decision. Under ERISA, they have a maximum of 45 days to decide. However, they can request two extensions of 30 days each, provided they give a valid reason.
Step 5: Appeal if Necessary
If your claim is denied, you have the right to appeal. You must file your appeal within 180 days of receiving the denial notice. The appeal process allows you to provide additional evidence and argue why the denial was incorrect.
In case of disputes, it's essential to seek legal assistance. An experienced ERISA attorney can help navigate the complex litigation process, protecting your rights.
Attorneys That Specialize in Handling Your Disability Insurance Claims
As a law firm that specializes in helping people get disability benefits from insurance companies, our lawyers are experts in disability insurance.
- Every lawyer focuses on disability insurance claims, appeals, and lawsuits;
- We have a proven track record of success – we have won major federal court disability lawsuits;
- We have recovered millions of dollars in disability benefits for clients across the country;
- Our disability lawyers have challenged every major insurance company and know their tactics.
With so much at stake, shouldn’t you have experienced disability lawyers on your side?
Because federal law applies to most disability insurance claims, your disability lawyer does not have to be located in your state to help.
Call to speak with a disability insurance lawyer. (800) 969-0488