Disability Insurance Dispute Lawyer Discusses Appealing Denials
If your claim for disability benefits has been denied, a disability claim lawyer in NJ can explain the options that are still available. All insurance companies have an appeals process that is available to reconsider whether an employee is entitled to benefits that he or she has under a plan provided by the employer.
The Employee Retirement Income Security Act
ERISA is a federal law that supersedes contradictory state laws. It punishes insurance companies that act in bad faith by denying valid claims. A disability insurance dispute lawyer can explain that ERISA can be used to challenge wrongful denials for claims made under employer-sponsored plans.
The first type of appeal that a disability insurance dispute lawyer may attempt to make is an administrative appeal. This appeal occurs after the employee has been denied on his or her initial claim. This appeal is through the insurance company itself. A disability dispute lawyer can assist with this process by reviewing all relevant information in the employee’s claim file. Additionally, he or she can recommend that the employee seek additional medical services so that objective medical findings become part of this record. If there is a condition that insurance companies historically do not like to provide benefits for, such as anxiety or depression, a disability disputes lawyer can focus on obtaining ample evidence to showcase the veracity of the claim. Disability dispute lawyers may seek additional medical evidence from doctors, vocational rehabilitation therapists, and other healthcare professionals. This additional information can help solidify the employee’s claim and provide greater reason for an approval of the claim.
If the employee does not prevail with an administrative appeal, a disability insurance dispute lawyer may appeal the case to a federal judge. This often requires a solid knowledge of federal law and ERISA claims. ERISA’s procedural rules require that the federal judge make a decision on disability coverage based on the evidence that is in the employee’s file at the time of his or her denial of the appeal. For this reason, it is important that the file be saturated with any additional documentation that supports the employee’s claim and that provides medical evidence of disability.
Legal Assistance from an Disability Insurance Dispute Lawyer
If you would like to know what your options are regarding appeal, a disability insurance dispute lawyer from Uscher, Quiat, Uscher & Russo, P.C. may be able to help. Contact us at 800-797-5575 to schedule a confidential consultation of your case. Our disability insurance dispute lawyers can thoroughly review your case and may recommend further evidence that you should seek to help bolster your case. They can also let you know of the possibility or successfully pursuing your claim through the administrative process or to a federal judge.