Mount Holly, NJ Long-Term Disability (ERISA) Attorney

The effects of a long-term injury or illness on your career and personal life can be devastating – especially when your short-term disability coverage runs out and you still are not healthy enough to return to work.   An attorney at Young Marr & Associates may be able to help.

We have decades of experience working with clients to execute the strategic task of ensuring long-term disability coverage.  In fact, Young Marr & Associates has an 80% success rate when it comes to getting our clients the coverage they deserve – a much higher success rate compared to the industry standard of 62%.  We will ensure you understand the process of filing an ERISA disability claim, help you file your claim, and appeal a claim if you were denied benefits.  To schedule a free consultation on your case, contact our Mount Holly long-term disability and ERISA lawyers at Young Marr & Associates today at (609) 557-3081.

What is Long-Term Disability Coverage?

“Disability” coverage can refer to multiple plans and options.  While you may be able to purchase private disability insurance or apply for federal disability coverage through Social Security, your benefits package at work may provide disability insurance as well.

Long-term disability insurance covers a portion of an employee’s income, normally up to 70%, if the employee is injured or becomes seriously ill and cannot work.  This usually kicks in after any applicable short-term disability policies run out.  On average, short-term policies end about 6 months after the onset of injury or illness.  Many long-term disability policies have 3-6-month waiting periods before they will begin paying benefits, regardless of whether you have a short-term policy.

If you were hurt outside of work, workers’ compensation does not cover you.  This is one of the reasons why long-term disability coverage is so crucial and why employers may include it as part of employee benefits.  New Jersey has laws that require many employers to supply long-term disability coverage, which may mean you already have coverage.

What is ERISA?

The Employment Retirement Income Security Act of 1974 (ERISA) was written to create rules for employers who issue retirement plans, 401(k)s, pension plans, and other financial benefits as part of their employment benefits.  This law does not require employers to give you a pension or disability plan – but if they do offer these plans, they must follow ERISA’s rules.

ERISA’s guidelines govern most employer-paid long-term disability policies.  This means that any policy you pay for is likely not covered by ERISA, and your claim will not be protected under this law.  Additionally, many government employees’ and church employees’ disability plans are not governed by ERISA.  Otherwise, any disability insurance coverage that your employer pays for should be governed by the rules and regulations under ERISA.

These rules help protect employees from unfair practices committed by their employer or the long-term disability insurance provider.

What is an ERISA Disability Claim?

ERISA disability claims arise when an employer-provided disability plan violates rules or unfairly denies you coverage.  These plans must follow ERISA’s guidelines, including providing beneficiaries with proper disclosures and information about their policy and changes the employer makes.  If you have a problem claiming disability benefits under your long-term disability plan, talk to an attorney about filing an ERISA disability claim against your employer and the insurance company.

Long-term disability insurance plans are managed by private insurance companies, and your employer is often involved with these companies.  If your employer or the insurance company denies your claim or refuses to pay you disability benefits for your injury or illness, you may be able to file an appeal under ERISA to fight to get the benefits you are entitled to.

Filing an ERISA disability claim often occurs for a few common reasons.  First, disabilities are often denied because they do not meet the policy’s definition of “disability.”  The insurance company’s definition might exclude certain illnesses or injuries, or they bar claims for conditions resulting from certain causes.  If the insurance company believes your disability falls into one of those exceptions, they may try to deny your claim.  If your claim does qualify, it may take the help of an ERISA lawyer to prove your condition and get the compensation you deserve.

Other claims for disability are often denied because of impartial or unjust review processes.  Insurance companies are businesses, and it is in their interest to avoid paying benefits whenever possible.  ERISA helps fight that by allowing claims against unjust denials.

Many ERISA claims involve difficult legal battles, as the insurance company may use procedural rules and technicalities to try to shut down your claim.  Getting the coverage you need often requires talking to an ERISA disability attorney and filing a claim before the insurance company will pay what they owe you.

Mount Holly ERISA Disability Claims Lawyers Offering Free Consultations

If you face any of the following issues, you should consider talking to our ERISA lawyers today:

• You’ve been injured or ill for an extended time and are preparing to apply for long-term disability benefits.
• Your claim for long-term disability benefits was denied.
• Your long-term disability benefits have been wrongfully terminated.
• You have any questions regarding your employee or coverage rights.

Call Young Marr & Associates now, and let us focus on getting you the benefits you deserve so you can focus on your health.  To schedule a free consultation on your ERISA disability claim, call us today at (609) 557-3081.