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Common myths about ERISA

| Dec 23, 2020 | ERISA

While ERISA sets the standards for employer-provided health care in New Jersey, it doesn’t mean that your claim will automatically be approved. You’ll still have to prove that your injury or disability is directly related to your occupation. Here are some of the most common myths surrounding ERISA and disability claims.

What are some common ERISA myths?

One common myth is the belief that you need to get a note from your doctor to qualify for ERISA disability claims. In fact, a note from your own doctor can have little impact on your case. To qualify for benefits, you’ll have to get checked out by an employer-provided doctor who will decide if you can still work.

Additionally, just because you’re having trouble doing your job doesn’t mean you’ll automatically receive benefits. If other people with similar disabilities can still perform their job, your claim might be denied. On a similar note, being diagnosed with an injury doesn’t automatically mean you’re disabled; you might still be able to perform your job, depending on the circumstances.

It’s also important to realize that submitting insurance forms doesn’t automatically prove that you have a disability. You’ll have to supplement your claim with solid evidence that proves that you’re suffering from a disability that hinders your ability to work. Otherwise, your claim might be denied, making it more challenging to get the benefits that you need to make up for your lost wages.

Should you work with an attorney from the beginning?

It might be tempting to try to save money by declining to hire an attorney. However, working with an attorney might actually help you earn money in the long run. An attorney may help you provide the necessary evidence to prove that you’re disabled and entitled to the benefits that your employer provides. Our ERISA disability claims page offers more information about the benefits of working with an attorney when you file your claim.