The Employee Retirement Income Security Act (ERISA) of 1974 protects disabled employees. If you have been disabled, it is important to hire an experienced Philadelphia ERISA disability appeals lawyer who knows how to protect your legal rights. Errors in filing, documenting, or appealing your claim can cost you huge amounts of disability benefits. You have the right to get legal advice in order to get the full benefits to which you are entitled. 

What is ERISA?

ERISA is a federal law that created minimum standards for private employer-sponsored retirement and other benefit plans. The law also created other important protections for plan participants and their beneficiaries. Participants must be notified about plan features and funding, as well as other important information. Those who manage plan assets have fiduciary responsibilities to protect these assets for the participants and their beneficiaries. And perhaps most importantly, plan administrators must have clear processes for grievances and appeals. This allows participants and their beneficiaries to get the benefits to which they are entitled under their plan.  

How Do I File an ERISA Disability Claim?

The first step in filing a disability claim is to contact your plan’s claim administrator. The administrator that applies to your situation may depend on whether your plan is insured or self-funded by the employer.  A disability lawyer can help you how to properly file a claim. An attorney will also be able to document your disability properly to reduce the chances of having your claim denied. 

What Do I Do if My Claim is Denied?

Even with an attorney’s help, your disability claim might be denied. This is why ERISA is so important. ERISA requires insurance companies to set a clear process for grievance and appeals. Your attorney can follow this process in order to move your claim forward. If the insurance company has unnecessary delays or does not follow its own appeals procedures, your attorney can advise you on other legal options. It is important to understand that insurance companies are not on your side. Even if you are a subscriber, the insurance company is still working to pay as little as possible on as few claims as possible. These companies spend huge sums of money to train their claims adjusters on how to deny claims and reduce payments. They also have armies of lawyers to defend these actions. This is why it is so important for disability victims to have their own lawyers who can advocate for them throughout the claims process. 

An Experienced Philadelphia Disability Lawyer Near You

A disability can change your life. Without the ERISA compensation to which you are legally entitled, it could be difficult to simply pay your medical bills. No disability victim should be denied their legal rights. The experienced disability attorneys at The Garner Firm have helped many clients throughout the Philadelphia area. Contact us today to schedule your free consultation. The sooner you have an attorney fighting on your side, the better protected your legal rights will be. 

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