Avoid These Common Mistakes When Filing an ERISA LTD Claim

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 Long-Term Disability (LTD) claims are often governed by a federal statute called  the Employee Retirement Income Security Act (ERISA). ERISA governs most claims brought by insureds who obtain their disability insurance through their employer. The process of filing an ERISA claim, however, is not without its pitfalls. Monahan Tucker Law is here to guide you through this complex process, helping you avoid common mistakes that could negatively affect your claim.

Meeting Deadlines

One of the most frequent errors involves missing crucial deadlines. In the legal world, timing is everything. Failing to file your claim within the established time frame can result in outright denial. Keeping a calendar and staying proactive about meeting all deadlines is a simple yet effective way to steer clear of this error.

Failure to Keep Copies of Documents and Medical Records

Another common mistake is the failure to keep copies of documents, correspondence, and medical records. Your claim is as strong as the evidence you provide, and losing key documentation can cripple your case. Always retain copies of all documents and correspondence related to your claim. Comprehensive medical documentation, in particular, is vital to substantiating your claim. Make sure to keep all records organized and easily accessible.

Failure to Seek Medical Treatment

Another misstep is the failure to seek medical treatment. If your disability stems from a physical or mental condition, it is essential that you receive appropriate and consistent medical care. Not only is this crucial for your health, but it also provides the necessary evidence for your claim. Failing to seek medical treatment can raise doubts about the severity of your condition and potentially result in a denied claim.

Not Seeking Legal Representation

Many people make the mistake of thinking that they can handle an ERISA claim on their own. However, the reality is that the process is complex and often requires legal experience to navigate successfully. Without proper legal representation, you run the risk of making mistakes that could hurt your case. Consulting with an experienced ERISA attorney can greatly increase your chances of a successful claim.

Moreover, the advice from your human resources department, while well-intentioned, may not be entirely accurate or beneficial for your claim. It is crucial to understand your rights and responsibilities in the context of an ERISA claim.

Protecting Your Insurance Claim

Engaging in activities prohibited by your doctor or failing to set your social media profiles to private can also inadvertently damage your claim. Insurance companies may scrutinize your online presence for evidence contradicting your claim, so be mindful of your digital footprint.

Contact an Experienced Lawyer

These missteps, while common, are avoidable with the right knowledge and guidance. At Monahan Tucker Law, we provide the legal advice and representation you need to navigate the claims process successfully. Our dedicated attorneys will ensure that you understand each step of the process, helping you avoid these pitfalls.

If you or someone you know is considering filing an ERISA claim, do not hesitate to reach out to Monahan Tucker Law. We stand ready to provide you with the exceptional legal services you need to protect your rights and secure your future.

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