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If your employer provides a long term disability plan under ERISA and you suffer from a condition that disables you from work, it's important to get the facts about filing a claim. Our skilled New York ERISA disability lawyers can discuss some of the most important things you need to know.
Understanding When You May Receive Benefits
If you qualify as disabled, you may not be eligible for benefits right away. As a New York ERISA disability lawyer can explain, there is usually a 90- or 180-day waiting period. This makes sense because long term disability benefits are exactly that: long-term. They are intended to provide compensation for more permanent conditions.
Knowing Your Policy's Proof Requirements for a Disability
Your plan will define the term disability. It may be as broad or as narrow as it relates to performance of job duties.
Relationship to SSD Benefits
If you qualify for long term disability benefits, your plan may also require you to apply for Social Security disability benefits.
Who Makes the Call on Disability
Your plan administrator makes the decision as to whether you're disabled. It's up to you to prove your disability. You may appeal if you feel you were denied wrongly. An experienced New York ERISA disability lawyer can help you with this process.
How Much You're Eligible to Receive
Understand that, even if you're approved for benefits, you will not receive 100% of your lost wages. Rather, you'll likely get a percentage of your former salary; usually 60%. Every plan is different.
The Importance of Doctor's Reports
Remember, if you file a claim, it's up to you to prove your disabling condition. This will require thorough reports from your treating doctors, among other evidence. Your plan administrator is not likely to simply take your word for it.
Proof of Continued Disability
After you receive benefits, from time to time, you may be asked to submit to further evaluation. If you fail to provide additional documentation or submit to an evaluation, you could lose your benefits.
Contact Our New York ERISA Disability Attorneys
If you or a loved one feel you may be eligible for disability benefits, contact our experienced New York ERISA disability attorneys with a long track record of getting real results for clients. To make an appointment for your initial consultation and to discuss your best legal options, call Riemer Law Firm at (212) 297-0700.
