When a person suffers a brain injury, the consequences can be devastating. In addition to the physical and emotional toll, the financial impact of brain injuries can be overwhelming. This is where long-term disability benefits come in, providing much-needed financial support to individuals who are unable to work due to their disability.
Unfortunately, many people with brain injuries are denied group long-term disability benefits governed by the Employee Retirement Income Security Act (ERISA). This can be frustrating and confusing, especially when the person knows that their disability is genuine and prevents them from working.
As lawyers representing disabled people with brain injuries, our goal is to help our clients navigate the complex world of ERISA disability benefits and ensure that they receive the benefits they are entitled to.
So, why are people with brain injuries denied ERISA disability benefits?
There are several reasons why a person with a brain injury might be denied ERISA disability benefits. One common reason is that the insurance company responsible for administering the benefits will argue that the person is not disabled under the terms of the policy. This can happen even when the person’s treating physicians and other medical professionals have provided ample evidence of the person’s disability.
Another reason is that the insurance company may argue that the person’s disability is not covered under the policy. ERISA disability policies can be complex, and there may be exclusions or limitations that prevent the person from receiving benefits.
What can you do if your ERISA disability benefits have been denied?
If you have been denied ERISA disability benefits, it is important to take action as soon as possible. The first step is to obtain a copy of the insurance company’s denial letter and review it carefully. The letter should explain the reasons for the denial and outline your options for appealing the decision.
In most cases, the next step is to file an appeal with the insurance company. This appeal should include a detailed explanation of why you believe you are entitled to benefits, as well as any additional medical evidence or documentation that supports your claim.
If the insurance company denies your appeal, you may be able to file a lawsuit under ERISA. This can be a complex and time-consuming process, but with the help of an experienced ERISA disability lawyer, you can increase your chances of success.
Why do you need an ERISA disability lawyer?
Navigating the world of ERISA disability benefits can be challenging, especially for someone who is dealing with the physical, emotional, and financial impacts of a brain injury. An experienced ERISA disability lawyer can help you understand your rights, navigate the appeals process, and fight for the benefits you are entitled to.
At our law firm, we specialize in representing disabled people with brain injuries who have been denied ERISA disability benefits. We understand the unique challenges that our clients face, and we are committed to providing compassionate and effective legal representation.
If you have been denied ERISA disability benefits, we encourage you to contact our office to schedule a consultation. We will review your case and provide you with an honest assessment of your options for appealing the decision and obtaining the benefits you deserve.
Don’t go it alone! Contact Walker & Hern today for a free attorney consultation!