302 504 4815

Call Us For Free Consultation

 

How to File Your ERISA Disability Benefits Claim

Law De > Blog  > How to File Your ERISA Disability Benefits Claim

How to File Your ERISA Disability Benefits Claim

How to File Your ERISA Disability Benefits Claim

Going through the ERISA claims process can be tedious enough but dealing with a rejected ERISA claim is frustrating. When you need financial help because of your disability, you often need the benefits sooner than later. Dealing with a dispute with your claim is the last thing you want. There are steps you can take to increase your chances the first time. Talk to a Delaware ERISA lawyer if your claim was wrongfully denied.

HOW TO FILE YOUR ERISA CLAIM IN DELAWARE

When it comes to filing an ERISA claim, the steps mostly fall on your employer. Under ERISA laws, your employer is expected to give you a Summary Plan How to File Your ERISA Disability Benefits ClaimDescription. This plan will describe your insurance benefits and how your disability will be covered.

Your Summary Plan Description is what you will want to carefully look at to figure out what disability benefits you should receive. This plan should also detail the steps you will need to take to file a disability claim under ERISA. Most plans have a section that outlines the claim filing procedure.

However, if your employer failed to provide this plan or details on claim filing procedures, call your human resources department. Ask them if you can be given a written plan or procedure for filing your claim. When this still prevents you from receiving a claim filing procedure, you may want to contact a Wilmington disability lawyer for help.

You may also want to talk with an ERISA lawyer if you discover other negligence like:

  • Failure to inform you if insurance will tell you how long your claim will process
  • Not providing ERISA benefits when they should be provided
  • A failure to tell you when an extension is needed to process your claim

One step you can take is calling the insurance company to ask why your claim is taking longer than 90 days. You can also ask why a decision has not been made yet.

WHAT IF MY ERISA CLAIM WAS DENIED?

Finding out your ERISA claim was denied can be devastating. One of the best ways to handle your denied ERISA claim is to read your Summary Plan Description. Look for what steps you can take to file an appeal. You should have about 180 days after the denial to file your appeal.

Be sure to ask for a copy of your claim file so you have this on record. This will give you information on how they evaluated your disability claim. In your appeal, address all the reasons listed in the denial letter for why your claim was rejected. Ask a lawyer for help with the appeals process. When appeals fail, a lawyer can help you sue.

DISABILITY LAWYER IN DELAWARE

You do not have to give up if your ERISA claim was denied multiple times. All you have to do is ask a Delaware ERISA attorney to see what legal options you have left. Feel free to contact Edelstein Martin & Nelson by dialing (302) 295-5050 today for a free consultation. Our dedicated legal team might be able to help you obtain the disability benefits you need.

No Comments

Sorry, the comment form is closed at this time.