Common ERISA Mistakes That Can Cost You Your Long-Term Disability Benefits In Florida

When an illness or injury prevents you from working for a year or more, long-term disability (LTD) benefits can help you stay afloat and avoid financial disaster. If your policy is through your employer, it is subject to ERISA, the Employee Retirement Income Security Act.

ERISA protects employee benefits, but when appealing dealing claims, mistakes are common and can sink your case before it even gets to court. The worst part? Most people don’t know they’re making mistakes until it’s too late.

If you’ve received a denial or are worried you might, our experienced Jacksonville long-term disability lawyer explains common (and potentially costly) ERISA errors and how to avoid them.

Mistake 1: Missing the Appeal Deadline

The Bureau of Labor Statistics reports that up to 40 percent of all workers are entitled to long-term disability (LTD) insurance through their employer. These policies are subject to ERISA, which governs the process for appealing denied benefits.

You typically have 180 days to appeal an LTD denial. That sounds like plenty of time, but building an appeal can take weeks or months. If you miss that deadline, your right to challenge the denial is usually gone, forever. Other costly timing missteps include:

• Delaying your initial claim filing until after you’ve left your job (you may not be covered).
• Ignoring insurer requests for documents until it’s too late.
• Waiting too long to get legal help, which leaves little time to build your case.

Mistake 2: Submitting an Incomplete Appeal File

ERISA rules are clear: the court can only consider the evidence in your administrative claim file. If you don’t include it during the insurer’s appeal process, you can’t use it later in court. Critical evidence that claimants often leave out:

• Updated medical records showing progression of symptoms.
• Detailed doctor statements explaining how your condition prevents work.
• Vocational expert reports on why you can’t do your job, or any job.
• A daily activity journal documenting your condition and how it impacts your life.

To protect your rights to Florida LTD benefits, you need to build a complete, compelling record.

Mistake 3: Trusting the Insurance Company’s Process

Your insurer might sound cooperative, but they have a financial incentive to deny or limit your claim. To protect yourself:

• Don’t rely solely on insurer-provided forms; submit supporting evidence.
• Watch for surveillance or social media monitoring.
• Have a lawyer experienced in Florida ERISA claims review any settlement offers before signing

Once you understand that the insurer’s out to protect their best interests, not yours, you can make wiser decisions at every step.

Our Experienced Florida Long-Term Disability Lawyer Can Help You Avoid ERISA Traps

ERISA long-term disability claims are complex, and one mistake can jeopardize your rights to benefits. At Farrell Disability Law, we know how insurers operate and how to fight back.

If you’ve been denied LTD benefits or want to avoid costly application filing mistakes, call or contact us online. Schedule a consultation with our experienced Florida long-term disability lawyer in our Orlando or Jacksonville office today.

Sources:

dol.gov/general/topic/retirement/erisa

bls.gov/opub/ted/2020/short-term-and-long-term-disability-insurance-for-civilian-workers-in-2020.htm