Adoption 101: The Legal Fundamentals

Adoption 101: The Legal Fundamentals

Two Tips to Help You Win Your ERISA Disability Claim

Brayden Miles

If you've recently applied for disability benefits and were denied, you may be at a loss concerning what to do. However, if your employer had a private disability plan, you may qualify for benefits under the Employment Retirement Income Security Act (ERISA.)  This act, which was set in motion in 1974, is designed to provide long-term disability benefits to individuals who are no longer able to work. Instead of believing that you can't get the financial support that you need, use this information to learn more about two tips that can help you when filing a disability claim under ERISA.

Know Your Dates

When you're filing an ERISA disability claim, it is vital that you know your dates. Putting the wrong dates on your initial application can cause your entire claim to be denied.

The dates that you put on your application are so important because they help determine eligibility. You should know the precise date that you were considered disabled and the exact date that you completed your last day of work.

Carefully read the disability plan that your employer has so that you will know what their definition of disabled is. For example, your leg may have started giving your trouble in one month, but your employer's plan may define disabled as a complete inability to come to work. If you continued to come to work with the leg pain and put the date that your leg started hurting on the application instead of the date when the leg pain prevented you from going into work, this slight difference could have a detrimental effect on your claim.

Have Objective Medical Records

Another tip that you'll want to keep in mind when filing an ERISA disability claim involves your medical records. It's critical that there is objective evidence to support your claim included in your medical records, since this will play a large part in determining your eligibility.

This means that if you are filing a claim because of repeated back problems, make sure that you have undergone a procedure such as magnetic resonance imaging (MRI) to support this. Avoid subjectivity, such as doctor's notes that simply say that you came in complaining of back pain, since this is not objective enough and doesn't serve as documented proof of your ailment.

Getting the economic benefits you need doesn't have to be difficult if you know what to. When you're filing an ERISA disability claim, follow these tips so you can hopefully get the help you deserve. You may also wish to work with a lawyer who specializes in such cases. 


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Adoption 101: The Legal Fundamentals

If you've decided that you want to adopt a child, the first thing you should do is reach out to a family law attorney. While it may not seem logical to get an attorney involved from the start, it's important that you protect yourself legally from the beginning. After making the decision to adopt, I have been through the process several times. I created this site to help other adoptive parents understand what they can expect from the entire process, including the legal support you're likely to need. I hope this information helps you feel more confident in this major life decision.