Few people read through employment benefit handbooks until it is necessary. Even fewer are familiar with ERISA and possess specific knowledge necessary to handle a disability claim successfully.

Being disabled and looking at reduced income is frightening. Being denied disability events can be traumatic. If you receive a denial letter on a disability claim, contacting an attorney whose practice focuses on employee benefits law is essential to the success of your claim and your long-term quality of life.

Consider these questions about ERISA law and disability claims:

Q. What exactly is ERISA?
A. Signed into law in 1974, the Employee Retirement Income Security Act (ERISA) is a complicated set of statutes that applies some uniformity across pension and health benefit plans offered by private employers in the United States. ERISA law generally does not cover policies offered by the government or religious organizations.

Federal ERISA rules are sweeping and cover benefits such as:

Health insurance Life insurance Short term disability insurance

Long term disability insurance Pension plans Investment programs

Q. What can I do before I file a disability claim?
A. Before you file a disability claim, read carefully through your employee health benefits booklet. Look for procedural points about filing disability claims and information that might apply to you, for example, concerning pre-existing conditions. Your booklet may outline time limits or other conditions necessary for filing a claim for disability benefits.

Q. What is an administrative record?
A. The administrative record is the file an insurance company keeps containing all documentation needed to make a recommendation concerning your claim. Your file is very important in the preparation of an appeal to a denied claim for disability benefits. If you have not already filed your claim for disability, consider contacting an ERISA lawyer to assist you with necessary forms, attaching relevant information, and gathering medical statements to support your claim.

Q. Is my doctor involved in my disability claim?
A. Your doctor or medical team is essential in processing a claim for disability benefits. Notes, diagnosis, and prognosis, are necessary factors in determining whether your injury or disability meets a standard for compensation set by your insurance company. Lack of adequate medical information can result in denial of a claim. Make sure your doctor is a specialist in your field of injury or disability, and that he or she is able to adequately assess your injury at present and into the future.

We Can Help with ERISA Law in San Francisco

The Law Offices of Laurence F. Padway have experience and skill with ERISA regulations. If your insurance company has denied your claim for disability, we can help. Contact us or call 510.814.6100 to schedule a free initial consultation.