ERISA Myths

Do not believe the myths people who know nothing about ERISA tell you. An ERISA disability attorney in New Jersey And New York at Uscher, Quiat, Uscher & Russo, P.C., can attest how believing in these myths can cost you your disability benefits.

“My Diagnosis Means I’m Disabled”

Since other people may have been diagnosed with the same condition as you and are deemed capable of working, you typically need additional evidence supporting your disability claim, like how your condition affects your ability to work and specifically, how your condition restricts and limits your ability to do your work.

“Doctor’s Note Stating I Can’t Work Entitles Me To Benefits”

Your doctor’s note alone is rarely enough. Insurance companies (the insurer) have their own doctor(s) who will evaluate you and opine as to whether you can work. All that is required to support the insurer’s denial of your claim is their doctor opining you can work. If your doctor does not specifically provide “restrictions and limitations” which preclude you from doing your work, you are not likely to be approved for benefits.

“If I Can’t Do My Job, I Will Get Benefits”

Inability to perform your duties does not mean you cannot perform the duties with a different company or occupation. Most disability policies define your “own occupation” as how your job is performed generally in the national economy rather than how you perform your specific job. The language is harsher when the policy changes from “own occupation” to “any occupation,” where other jobs can be identified by the insurance company in which you can perform, as long as they pay a certain salary amount.

“The Insurance Forms Are Enough”

The insurance forms only request basic information, but lack the supporting evidence the insurer needs to approve your disability benefits. Insurers are not there to assist you in obtaining benefits. Insurers don’t want you seeking an ERISA disability attorney in New Jersey or New York because if you do not provide necessary information during the administrative level (initial application and appeal), you cannot introduce new evidence in an appeal to the court, effectively losing your claim to benefits.

“I Can Get A Lawyer Later”

Group plans are governed by ERISA, which has a specific requirement. You cannot introduce new evidence in court which was not offered during the administrative appeal process. Court proceedings will only review what is in the administrative record.

Seek An ERISA Disability Attorney In New Jersey Or New York Immediately

Obtaining legal assistance early in the disability claim process is key to successfully receive benefits. Our attorneys know what information is needed and how to package the information in a persuasive application or appeal. Contact an ERISA disability attorney in New Jersey or New York with Uscher, Quiat, Uscher & Russo, P.C., at 201-342-7100.