You may think it is a good idea to take out a long-term disability plan or you may be offered such a plan by your employer. In either case, it is a good idea to discuss your plan’s ERISA compliance with a disability attorney in Augusta so that you understand exactly what it guarantees and what it does not.
ERISA is the Employee Retirement Income Security Act of 1974, a federal law that sets certain standards for how employee welfare benefit plans (such as retirement plans) are administered. Almost any long-term disability insurance plan your employer provides you is likely to fall under the purview of ERISA. Plans that you purchase as an individual, by contrast, are usually not subject to ERISA. If you have a dispute or question about your plan and what it covers, it is important to understand your rights and how they are impacted by ERISA should you ever need to take legal action with the help of a disability attorney in Augusta. Additionally, there are specific procedures that claimants of long-term disability claimants are obligated to follow under ERISA when applying for benefits or filing appeals.
How to Define Disability
One of the most crucial foundations of any disability plan is how it defines “disability.” This part of the contact will determine whether you are able to collect any benefits from the policy should you suffer an injury or otherwise have to leave your occupation. Many employer-provided group plans define the term as being unable to perform any occupation at all, not just the one you previously had. Some other plans are less onerous and define the term as being unable to perform your occupation for some length of time, such as 24 months, after which you must be unable to perform any occupation in order to continue to receive benefits. By contrast, some individual plans that you might purchase on your own allow the purchaser to specify the contract’s definition of “disability” which is something you might want to pursue with the help of a disability attorney in Augusta. Figuring out exactly what your long-term disability plan is good for and what it isn’t can be a complicated affair.
Contact Our Disability Lawyer in Augusta
For more information on how to understand disability plans, contact disability lawyers in Augusta at Wilkinson & Magruder, LLP. Call (706) 737-0771.