Grand Junction ERISA Claims Lawyer

Grand Junction ERISA Claims Attorney

All ERISA claims related to a disability can be overwhelming to deal with, especially when you risk losing the financial stability you have depended on. Because you are injured and out of work, it’s important to ensure your ERISA claim is handled properly to secure the funds you need. If you recently have had a denied ERISA disability claim, a experienced Grand Junction ERISA claims lawyer can help you navigate the appeals process and secure what you need.

Our expert lawyers team at McDermott Law, LLC, have a strong understanding of how crucial disability benefits are when you are out of work. That’s why we stand committed, ready to help you fight for your rights under ERISA law. Our team has years of experience handling these claims. We know the most compelling evidence to collect and arguments to formulate that yield the most promising results. Regardless of the issues you face, our team can provide the legal guidance you need for success.

What Evidence Can Help Support My ERISA Disability Claim?

When you decide it’s time to file your ERISA disability claim, you must spend time with your disability law attorney to ensure the evidence you present is thorough and of high quality. Here are some of the most commonly used pieces of evidence that have made a difference in these types of cases:

Medical Records

One of the most critical pieces of evidence to supply any ERISA disability claim is the collection of your medical records. These documents will be the foundation of your case to prove that your conditions are valid. This will help provide important details such as what your diagnosis is, treatment plans, prescribed medications, lab results, and more. It will also indicate why you might not be able to perform certain tasks in your job.

Doctor’s Opinion

In addition to your medical records, a detailed opinion from your doctor will also be a critical piece of evidence. A doctor’s opinion will go beyond just stating what your diagnosis is. It should provide a comprehensive explanation of how your condition limits your ability to do various physical or mental tasks. The more specific your doctor’s note is, the more likely your ERISA claim will be approved.

Functional Capacity Evaluations

A functional capacity evaluation is an objective assessment conducted by either a physical or occupational therapist. It’s their job to assess if you can perform work-related tasks. During this evaluation, they will test your physical capabilities to check and see if you can do simple tasks like lifting or carrying items. This will help them make a determination on what tasks you can and cannot perform safely under your current diagnosis.

Personal Statements

A personal statement from those who are closest to you, like family members and colleagues, can also be valuable evidence to help support your ERISA disability claim. While medical evidence is essential, these personal statements can help offer insight into how your disability is impacting your personal life. For example, your spouse could share how it’s preventing you from spending quality time with your kids and taking care of household chores. The history of ERISA, enacted in 1974, ensures that employees’ benefit plans are administered fairly and transparently, providing legal protections to individuals seeking disability benefits under employer-sponsored plans.

Surveillance Evidence

It’s not unheard of for an insurance company to request surveillance footage to support your disability claim. If you had an accident anywhere within the vicinity of a security camera, this can provide your insurance company with an exact play-by-play of what happened. It can also be helpful to refute any allegations that your injuries happened from a different event in the past that would not qualify under ERISA. However, if the insurance company violates its duty under ERISA by improperly using or interpreting this footage, consulting with an ERISA claims lawyer can help protect your rights and ensure a fair review of your claim.

Incorporating a wide range of evidence is crucial to build a strong ERISA disability claim. Each piece of evidence adds depth to your case and can help illustrate why you are in need of these benefits for financial stability.

FAQs

Does ERISA Allow Payment for Pain and Suffering?

No, ERISA does not allow for any compensation to be issued for pain and suffering. This law is primarily designed to protect employee benefits, like retirement plans and disability benefits. Anything beyond what an employee is entitled to under the terms and conditions of their plans will not qualify. Rather than seeking compensation for emotional distress, an individual could seek to recover benefits that were inaccurately denied.

What Is the Statute of Limitations on ERISA Claims?

The statute of limitations on ERISA claims will vary based on the type of claim being filed and what the plan’s terms are. ERISA itself does not have its own statute of limitations that is universally applied across the board. Rather, many plans include specific deadlines that must be met. To ensure all of these deadlines are met, and you are not leaving extra money on the table, an ERISA claims lawyer can help supervise the process and protect the integrity of the case.

Can ERISA Claims Be Released?

Yes, ERISA claims are able to be released under certain conditions. For example, an employee may willingly sign a settlement agreement with their employer or plan administrator as part of their sewerage package. However, an important detail to remember is that the release has to be voluntary. For example, the employee must be fully aware of what rights they are waiving. It’s always advised to consult with an ERISA attorney before signing anything.

What Happens if an Employer Fails to Comply With ERISA?

If an employer in Grand Junction, Colorado fails to comply with ERISA, there are various legal consequences they may face. Some examples of noncompliance include failing to provide essential information to employees, mismanaging their assets, or denying claim benefits that qualify. The Department of Labor may investigate and enforce ERISA violations if necessary. In extreme cases, criminal charges could be brought forth to anyone found guilty of intentionally violating the law.

Contact Our Legal Team for Support with ERISA Claims Cases

While navigating an ERISA claim can be a distressing experience, being denied disability benefits that are rightfully yours is an even more stressful outcome. If this applies to you, contact McDermott Law, LLC, as soon as you can. We have the skills and experience you need to secure the benefits you deserve. We look forward to hearing from you.