Maryland ERISA Disability Benefits
In 1974, the United States Congress enacted a law known as ERISA to regulate the way that employee benefits are offered and protected.
Though workers’ compensation claims often cover accidents that occur at the workplace and keep workers from returning to work, Long-Term Disability insurance (which is covered by ERISA protections) covers those injuries that occur when off-site.
Maryland ERISA disability benefits also available for workers who contract an illness that renders them unable to work, and this is also regulated by ERISA.
If you are disabled and are unable to return to work, contact a well-versed ERISA lawyer to discuss your disability benefits.
What is ERISA?
ERISA is the shortened name of the Employee Retirement Income Security Act of 1974. It does not stipulate which benefits must be offered by employers, but it does regulate how the administration of those benefits must operate.
In many cases, individual insurance policies may dictate very strict procedures for filing benefit claims, so it is important to read through the company’s policy and consult with an experienced Maryland ERISA disability lawyer who can help clients understand what kind of paperwork their insurance company requires.
Understanding the Role of the Department of Labor Regulations
Starting in April 2018, there are some new changes to the way that ERISA-based disability claims work. The Department of Labor Regulations now requires a claim administrator must explain why they disagree with medical professionals if they do decide to deny a person’s disability claim.
In cases in which the claimant has been approved for Social Security benefits, the claim administrator must also provide reasons for disagreeing with the assessment of the Social Security Administration. These changes are designed to make the claims review process fairer and more transparent to the injured worker, and they apply to all Maryland ERISA disability benefits claims.
Applicants that Already Receive Social Security Benefits
Though Social Security benefits can help a person who has lost the ability to bring home income, unfortunately, they can have a negative effect on that person’s Long-Term Disability claim.
Many insurance companies have an “offsetting” clause in the terms of their policies that states that any benefits gained from Social Security will offset the Long-Term Disability benefits that they are required to pay.
In other words, the amount that a person receives from the Social Security Administration may need to be subtracted from the amount they receive from their insurance policy.
What Does Failure to Abide Mean for Insurance Companies?
This is an important clause to understand in any policy, as failure to abide by this clause and notify the insurance company of additional income may mean that the person must pay back benefits they have received once the error is discovered. To prevent any misunderstanding, it is best to contact a Maryland ERISA disability benefits lawyer as soon as the person seeks to file their claim.
Talk to a Maryland ERISA Disability Benefits Attorney
If you have become disabled through illness or injury and are unable to return to work, the best option is to contact a Maryland ERISA disability benefits lawyer as soon as possible. With their help, you can better understand the requirements of your insurance provider and ensure that you file all paperwork within the correct deadlines.
Having an ERISA attorney on your case can help in your understanding of any “offsetting” clauses in your policy and prevent you from having to pay back any wrongfully obtained benefits.
