Why was my disability claim denied? Common issues in ERISA short term disability and long term disability claims
- posted: Oct. 09, 2019
ERISA, the Employee Retirement Income Security Act of 1974, applies to many claims for short term disability, long term disability and even for medical, dental or life insurance benefits. It is a law that effects many Colorado employees, but most of us have never heard of it. In general, benefits you receive through an employer are covered by ERISA.
Many disability claims that would likely be approved under Security disability or a private disability policies are frequently rejected under ERISA plans. Here are some of the common justifications for denying short term disability and long-term disability claims:
Lack of "objective" medical evidence of a disabling condition
Errors or incomplete information in the claim
Pre-existing medical conditions
Self-reported symptoms, like pain or severe headaches
Unauthorized or out of protocol
Contradicting evidence obtained from social media or private investigators
Employability in some occupation
Whether the insurance company denies the claim for the above reasons, or for some other reason, it is an uphill battle for ERISA disability benefits. If your claim for long term disability, short term disability or medical (or other benefits) has been denied, get help right away by talking to an experienced ERISA disability lawyer. Call for a free consultation today at 303-292-0044.