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ERISA Myths

ERISA Disability Attorney In New Jersey - Doctor at work
Do not believe the myths people who know nothing about ERISA disability tell you. An ERISA disability attorney in New Jersey at Uscher, Quiat, Uscher & Russo, P.C., can attest how believing in these myths can cost you your disability benefits.

“My Diagnosis Means I’m Disabled”

Since other people have been diagnosed with the same condition as you and are capable of working, you need additional evidence supporting your disability claim, like how your condition affects your ability to work.

“Doctor’s Note Stating I Can’t Work Entitles Me To Benefits”

Your doctor’s note hardly means anything. Insurance companies (the insurer) have their own doctor(s) who will evaluate you and opine as to whether you can work. All that is required to support the insurer’s denial of your claim is their doctor opining you can work.

“If I Can’t Do My Job, I Will Get Benefits”

Inability to perform your duties does not mean you cannot perform the duties with a different company or occupation. Most disability policies define your “own occupation” as how your job is performed generally in the national economy rather than how you perform your specific job. The language is harsher when the policy changes from “own occupation” to “any occupation,” in which other jobs can be offered to you in which you can perform, as long as they pay a certain salary amount.

“The Insurance Forms Are Enough”

The insurance forms only request basic information, but lack the supporting evidence the insurer needs to approve your disability benefits. Insurers are not there to assist you in obtaining benefits. Insurers don’t want you seeking an ERISA disability attorney in New Jersey because if you do not provide necessary information during the administrative level (initial application and appeal), you cannot introduce new evidence in an appeal to the court, losing your claim to benefits.

“I Can Get A Lawyer Later”

Group plans are governed by ERISA, which has a specific administrative review structure. You cannot introduce new evidence if you appeal the administrative denial. Court proceedings will only review the administrative record.

Seek An ERISA Disability Attorney In New Jersey Immediately

Obtaining legal assistance early in the disability claim process is key to successfully receive benefits. Our attorneys know what information is needed and how to package the information in a persuasive application or appeal. Contact an ERISA disability attorney in New Jersey with Uscher, Quiat, Uscher & Russo, P.C., at 201-781-5645.