erisa psychiatric disability




erisa psychiatric disability

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Psychological Claims - Mental Disabilities

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ERISA PSYCH CLAIMS

Just Because You Have a Group Disability Income Policy Doesn't Mean
You Get Short Shrift When Mental Disability Strikes


“Depression” and “bipolar” are two words which are becoming all too familiar to Americans. There has been explosive growth in the number of mental and nervous
disorder disability claims in the United States.

It makes no difference whether you are insured under a group disability income policy (Erisa) or a private one, most of us are continuously subjected to a great number of what psychiatrists call “stressors”- - excessive working hours, financial pressures, family pressure, sleep deprivation.

So, we all cope as best we can. Some take anti-anxiety, anti-depressant, and sleep medications. Others hunker down and withdraw, becoming more and more depressed, hoping the ill winds will eventually blow over. Is there any wonder why coping seems harder and harder?

In the United States we live in a fast paced, driven society, highly competitive, highly complex, and highly pressured. The high tech world, designed to make our lives easier, actually makes them more hectic and stressful, with little time to reflect or for introspection.

Disabilities caused by these types of pressures are compensable under Erisa policies, but psychiatric and neurological disabilities are only usually eligible for benefits only up to 2 years. On the other hand, most private disability income policies do not have a time limit on benefits for psychiatric or neurological disabilities.



To cover themselves, many persons covered by group (Erisa) policies with a 2-year limit buy an additional private policy for supplementary coverage so that do not have to face the 2-year limit on benefits on mental or neurological disabilities.

Mental and nervous disorders, as they are commonly referred to in disability claims, include depression, and are unlike other disability claims. The medical evidence necessary to establish a psychiatric disability claim is far different from that for physical disabilities, because these mental and nervous disorders are not always easy to diagnose.


So-called “objective evidence” requirements give insurance company claim
processors and administrators huge discretion and latitude in making claim
determinations, with often tragic and catastrophic consequences for claimants.
And many claimants are forced to cope with arbitrary and capricious denials just
when they are least able, emotionally and medically, to cope with adversity.


Add to this the growing financial pressure and concern for the future which a
loss of income from disability necessarily brings, and it becomes harder and
harder to navigate what's to come without worsening the depression or other
psychiatric condition which disables you.


In these types of claims a competent, aggressive legaladviser is a
“must” to stand between the claimant and the carrier to keep the playing field
level. This is particularly so in anErisa claim in which the insurer has discretionary powers by Federal statute. If an Erisa disability income claim does not get off on the right foot right from the start, its chance of success is severely diminished.

There should be no illusions - - most disability insurance claims
are hotly-contested adversarial proceedings from the moment a claim is filed.
This is particularly so in Erisa claims in which the Federal law gives the insurance company the discretion to decide if a claim is valid. For this reason, the best time to hire a lawyer is before filing a disability income claim. This helps avoid needless mistakes in dealing with a carrier, mistakes which can be fatal to a claim, and have tragic consequences for a claimant.



A knowledgeable advocate is necessary to cut through the endless paper
chase and the many nonsensical insurer “reasons” for delay or denial of
benefits, so that a claimant can get the relief he or she needs and is entitled
to by law.

Not every lawyer has the requisite knowledge and experience to
handle mental and nervous disability income claims. Existence of a mental
illness is not proved with an X-ray or blood test. The nuances in diagnosing
and treating mental illness cannot be lost on the legal advocate.

Attorney Mike Quiat is highly experienced in psychiatric and neurological claims, particularly those involving conditions of depression. Mike understands the nature of these illnesses and effectively interacts with a treating psychiatrist or psychologist, to
help to prepare a claim competently and effectively. Mike understands how to evaluate a so-called “Independent Medical Examination” (IME) bought and paid for by the
insurance carrier, and can size up the validity of personality test results such
as the MMPI.

A lawyer representing a client in these types of proceedings also
consults with his own team of psychiatric experts, to make sure he fully
understands the nature of the condition and how it disables the claimant. Mike
understands there is no substitute for a thorough understanding of the condition
which is at the heart of any disability claim.

It is clearly unwise to go into an adversarial proceeding with your disability insurance carrier, without your own knowledgeable advocate, particularly on a claim grounded on a psychiatric or neurological disability. Too much is at stake to go it alone.

If you have any doubts about a claim or the claims procedure, call
Mike Quiat right now. He will make sure you are treated fairly and honestly in pursuing your disability benefits.

800-797-5575

Uscher, Quiat
Uscher & Russo, P.C.

New Jersey Office
433 Hackensack Avenue
Hackensack, NJ 07601
Tel: 800-797-5575
Tel: 201-342-7100
Fax: 201-342-1810

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New York Office
355 Lexington Avenue
New York, NY 10017
Tel: 800-797-5575
Tel: 212-856-1214
Fax: 212-983-0772

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