Seeking disability benefits based on a mental health disability in ERISA long-term disability appeals can present unique challenges. There is almost always a 24-month benefit limitation in most LTD policies. These can be defined in varying manners, each impacting differently how the limitation will be applied. There are also evidentiary challenges in proving a disability based on a mental health condition. However, an experienced ERISA attorney can help overcome these challenges. To establish a mental health disability in an ERISA long-term disability appeal, comprehensive documentation is cr ..read more

When appealing a denied ERISA long-term disability claim, understanding the role of vocational experts is vital. These professionals specialize in applying a claimant’s restrictions and limitations to the demands of a particular occupation. During an appeal, depending upon the stage of your claim, the insurance company may argue that you are not disabled from your own occupation. Alternatively, they may argue that although you may not be able to perform your own occupation, there are other occupations you could undertake. This is where vocational experts come in—they evaluate your qualificatio ..read more

In the realm of ERISA long-term disability claims, understanding the burden of proof is crucial. The burden lies with the claimant to provide sufficient evidence to establish their disability and entitlement to benefits. This means that you must gather and present medical records, test results, doctor’s opinions, and other relevant documentation that substantiates your claim. However, meeting this burden can be challenging, especially when dealing with complex medical conditions and conflicting interpretations of the evidence. It’s essential to remember that the burden of proof can shift duri ..read more