When Should I Seek the Advice of a Disability Insurance Attorney?
You may hear a lot of contradictory opinions as to whether you need a lawyer as you prepare to file a disability insurance claim. While you may be tempted to put off engaging an attorney, it is usually to your best advantage to speak with one before filing a disability claim, rather than afterward.
You can make or break your disability claim based on your administrative record.
The Employee Retirement Income Security Act of 1974 (ERISA), governs your claim if you file for employer-sponsored disability benefits. You have a limited amount of time under ERISA to submit supporting evidence for your claim.
Once the insurance company has issued a final decision on your claim, the courts will only review the information contained in your “administrative record,” which consists of plan documents, previously submitted proof, and other information that was available to the insurance company. In most cases, the court will not consider fresh evidence, no matter how crucial or relevant it may be.
Unfortunately, we frequently meet with disabled people after their decisions have been made. Many times, vital evidence that might improve their claims is missing from their administrative records—but it’s too late to present it.
If you consult with an expert disability lawyer at Cunnane Law from the start, we’ll carefully evaluate your administrative record and enhance it with material that advances your disability claims. This “data stacking” should place you in the greatest possible position to win your case.
ERISA plans have a lot of complicated terms and conditions.
It’s usually a good idea to read the Plan Document before filing a disability insurance claim. This document outlines the terms, restrictions, exclusions, waiting periods, and filing deadlines that apply to your benefits application. Many of these requirements are stated in complex, difficult-to-understand technical terminology.
It’s very hard to file a successful claim unless you have a thorough understanding of your disability insurance plan’s rules and procedures. An experienced Edmonds disability lawyer, on the other hand, can assist you to identify:
- The waiting, qualification, or elimination phases in the plan
- How much time do you have to submit your claim?
- Whether the concept of disability is based on “own occupation” or “all occupations.”
- The policy’s exclusionary conditions and circumstances
- The benefits to which you may be entitled
- How long you’ll be able to receive benefits
Your disability insurance claim strategy will be built on this information.
Knowledge is a powerful tool.
A disability insurance lawyer at Cunnane Law can help you if you’re feeling overwhelmed by your ERISA claim or worried about insurance company monitoring. Cunnane Law approaches client interactions in a realistic, hands-on manner. We offer emotional support, case-specific information, and results-oriented techniques based on decades of disability law experience.
Respected disability lawyers offer practical advice
Cunnane Law’s disability lawyers have a solid reputation for aggressive advocacy and innovative methods. Moreover, we think that every disability claimant is entitled to client-centered representation and the best possible outcomes. We serve Edmonds, Seattle, Puget Sound, and all of western Washington State. Our clients can relax knowing that the lawyers at Cunnane Law are in charge of their disability claim. Contact us today.
Note: This information was provided not for any specific claim and is written in broad and general terms and may not be the right path to follow for a particular claim or case. This information is not intended to create an attorney client relationship. It is always best to receive direct legal counsel for your legal issues. It is never too early to call the attorney, but it can be too late.