You may have purchased an individual disability policy yourself, or your employer may have provided disability insurance for you as part of its benefits package. While these two types of coverage can provide benefits in the event you become disabled, they are subject to very different rules, timed deadlines and provisions.
When you are trying to overcome a disability claim denial, it is important to understand the differences between these types of coverage. These differences will determine your rights, your respective recourses and how you must proceed.
At DarrasLaw, we understand disability law and all its complex aspects. As the nation’s leading disability law firm, our attorneys have helped thousands of people covered by group and individual insurance obtain the disability benefits they were entitled to under the terms of their policies.
We want to help you get the disability benefits you deserve. Contact DarrasLaw for a free consultation.
The Differences Between ERISA and Individual Disability Claims
Insurance companies frequently deny both ERISA-governed and individual insurance claims.
Employer- or union-provided insurance is governed by the federal Employee Retirement Income Security Act of 1974 (ERISA), a complex body of law. In an ERISA disability claim, you must prove your disability during the claims process, by including medical and vocational information as part of your application. It is critical to insert this information into your record at that time. If your claim is denied, you have only 180 days to file a bulletproof appeal. Remember, under ERISA, if you leave out any occupational, vocational or financial documentation, doctor declarations or legal arguments from your administrative appeal, you may forever lose your right to add these crucial documents to your record. Don’t make the critical mistake of submitting your appeal without a free legal consultation.
In an individual disability claim, on the other hand, you can show that you are disabled during the course of your lawsuit. In your suit, you can cite additional medical information supporting your disability that you obtained after you filed your initial claim. In addition, you are not subject to the 180-day deadline.
At DarrasLaw, we have extensive experience in both ERISA and individual disability claims. Whatever your situation, we will provide results-oriented representation designed to help you get the benefits you deserve.
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For a free consultation about a disability claim case, contact DarrasLaw.
