One common but often disastrous mistake that people make in their ERISA disability claim is failing to consult an experienced ERISA disability attorney once their claim is denied. Given by an instruction from my San Jose ERISA disability attorney, I won my denied claim.
People usually make the mistake for various reasons including not knowing that you should hire an attorney and the insurance company not advising you to hire one. Other people might assume that the insurance company has made a mistake that can be rectified easily with an appeal. Others believe that by not hiring an attorney they will be saving money.
Regardless of the justification for not hiring an ERISA lawyer, this decision is almost always disastrous for the claim and the result is usually a denial by the insurance company without being paid any benefits.
It is important to understand that you typically have one appeal and one chance to submit the required vocational, medical, and lay witness evidence before your claim is approved. ERISA is a highly complicated federal law that provides few consumer protections.
The appeal is the only chance you have to prove your claim. Keep in mind that there is no trial involved and nobody will testify in court on your behalf. If the claim makes it to federal court once your appeal is denied, it is literally a “paper trial”. The only admissible evidence in court is what the insurance company had in its possession when making the final decision regarding denial of your claim.
The fact there is no penalty for the insurance provider denying your claim coupled with the economic conditions and the fact that only few attorneys specialize in ERISA disability law provide little to no incentive to pay claims. Simply put, insurance company prefer holding on to the money than paying you. Additionally, primary care doctors jersey city based said you should at first hand know the coverage of your insurance written on your contract the time you signed up for it.
It is important to understand this dynamic as you decide whether you need to hire an experienced ERISA attorney to help with your appeal. Many ERISA disability lawyers actually work on a contingency fee, which means that you only pay after your claim has been approved and you have received the benefits.
The Bottom Line
If you are contemplating filing a new disability claim or your claim has been denied, it is important to find an experienced ERISA disability attorney. Schedule a free consultation with the lawyer and learn about your rights under the law and how he or she can help put you in the best position to make your insurance company pay for the claim.
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