There are many situations where you can find yourself unable to continue working due to a physical or mental disability. When this happens your immediate concern–aside from tending your disabling condition–is figuring out how you will continue to earn a living for you and your family. There are certain government disability and social safety net programs you may be able to take advantage of, but your employer may also provide short-term and long term disability benefits as part of your group insurance plan. Of course, just because you are eligible for disability benefits, that is no guarantee the insurer will actually give them to you. After all, insurance companies are not in the business of generosity. They exist to maximize profits by paying out as little as possible. And while there are certain laws in place to regulate disability benefit plans–notably the Employee Retirement Income Security Act (ERISA) of 1974–the complexity of this legislation often serves to only further frustrate disabled employees. At The Garner Firm, we can help you obtain the disability benefits you are entitled to under your employer-sponsored ERISA plan.Lower Merion Township disability attorney Adam H. Garner has extensive prior experience representing and administering ERISA plans. He now puts that substantial knowledge to work for employees who find themselves unable to work or deal with the complex ERISA claims and appeals process.
Why ERISA Disability Claims Often Fail
What makes it so difficult to get disability benefits that the employee has earned through his or her service to their employer? As is usually the case when insurance companies are involved, there are mountains of rules and regulations that must be followed to the letter. Many employees make the mistake of assuming that simply showing up with a doctor’s note stating they are disabled and unable to work is enough. But that is not how the process works. The most important thing to understand is that when it comes to disability benefits, it is the insurance company–not your employer–that makes the final decision. Even if your supervisors, or the company’s human resources department, agree that you qualify for short-term or long term disability benefits, the insurance company is in no way bound by such opinions. Since it is ultimately the insurance company’s call, it is critical that you build as strong a case as possible for receiving benefits. This means not only fully documenting your medical treatment history, but also carefully following your doctor’s advice. Too many disability claims fail because an employee engaged in certain activities against medical advice–and the insurance company was watching.
Call Disability Attorney Adam H. Garner Today
The other key mistake that many employees make is failing to hire their own disability lawyer. If you are disabled, you need an attorney who understands the ERISA system and will aggressively represent your interests–and only your interests. So if you are in the process of seeking long term disability benefits and need assistance, contact The Garner Firm today to schedule a free initial consultation today.