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Mistakes to avoid during an ERISA claim 

On Behalf of | Jul 20, 2022 | ERISA

If you have been diagnosed with a serious illness or have an injury which prevents you from doing your job, you may be able to apply for long-term disability insurance benefits under either an individual disability income insurance policy you may have purchased yourself, or through a group disability policy provided by your employer under the Employee Retirement Income Security Act of 1974 (ERISA). This process can take some time and effort, but eventually, you may be able to receive disability insurance payments that can help you avoid more serious financial hardship. 

If you have such group or individual disability coverage, it’s important to take the appropriate steps during your application and there are certainly some things that should be avoided. Outlined below are some of the more common mistakes that can jeopardize your ERISA or individual disability claim.

Not fully disclosing your true limitations

It’s very important that both your employers and insurance companies have full disclosure of your abilities. It’s important neither to exaggerate nor understate what you can and cannot do day-to-day. 

For instance, if your condition makes it difficult for you to do regular activities such as going to the grocery store, then it is important to disclose this. However, if you claim to be bedridden and it later turns out that you have been socializing in public, this could jeopardize your claim. 

Not following medical advice 

Medical evidence will play a key role in any claim that you make. Not only will this validate your conditions for both your employer and insurance companies, but it also shows that you are doing all that you can to manage your condition. 

Skipping or avoiding regular medical appointments means that you will not have this evidence at hand, and it may then appear that your symptoms are obviously not severe enough to make you unable to work and subsequently receive any financial assistance.  Further, all policies require that you be under the regular care of a physician to treat your disabling condition.

Long-term disability insurance can help to relieve some of the financial strain you are facing due to your inability to work, but the claims process is demanding and very detail oriented. Having legal guidance behind you can help ensure that your claim goes as smoothly as possible.