No one plans to suffer the type of injury or illness that sidelines them from their job; unfortunately, it happens all the time. Your disability could be short or long-term, causing you to be unable to work for weeks, months or even years. At times like these, an employed person reasonably turns to their employer-sponsored disability benefits to get by. Unfortunately, employers or their insurance companies sometimes refuse to pay these benefits, either out of malice or because of basic incompetence related to the process.
If you want to appeal a denied claim, you should act immediately. For a complimentary consultation with the Karl Truman Law Office, please call 502-222-2222. With offices in Louisville, KY, and Jeffersonville, IN, we are proud to advocate for people from across our region.
What are ERISA Claims?
The Employee Retirement Income Security Act of 1974 (ERISA) protects your interests as an employee enrolled in a benefit plan such as long-term and short-term disability insurance. If your employer provides you with disability insurance, ERISA protects your right to seek those benefits when applicable, and it protects your right to hold your employer legally accountable if they wrongfully deny your benefits.
Most disability insurance plans provide a percentage of your salary, starting after a certain number of days of not working, and last for the duration of you being unable to work. These benefits can be critical as you may be relying on savings and Social Security benefits without them.
Here are some of the most common ways an employer justifies denying disability benefits:
- They may try to say you are not actually disabled
- They may try to say you are not covered by the company’s disability policy
If you’re denied, they may be banking on your inexperience with employment law and with disability insurance. If your claim falls under the governance of ERISA, you certainly have a right to appeal the denial.
Why You Need an Attorney
There is a very short window of time in which you can appeal a denied disability insurance claim. Failing to file on time can be detrimental to your appeal. Our experienced attorneys make sure the process is completed correctly and promptly. Contact us as soon as you are informed of a denial or other hiccup in the process. You can also contact us if you haven’t started the filing process yet, and would like assistance with the initial application for disability benefits.
Insurance companies have an incentive to deny claims: to benefit their bottom line. They save money every time they don’t pay out a disability claim. They may also think you won’t file an appeal because appeals are difficult, and that you won’t go to the trouble of hiring a lawyer. You have a right to file an appeal, and our attorneys have the extensive ERISA knowledge to advocate for wrongfully denied claims.
Find Out If You Have a Claim
For a free case review with an experienced ERISA disability claim lawyer in Jeffersonville, IN, or in Louisville, KY, please call the Karl Truman Law Office at 502-222-2222. We are personally committed to advocating for men and women across the state who deserve an appealed ERISA disability denial.