Houston ERISA Disability Lawyer
When you have your disability benefits provided through your job, a federal law called the Employee Retirement Income Security Act (ERISA) applies. The law was intended to provide uniformity for people who receive benefits from their job; the reality of ERISA is that you have little room for error when you are filing a disability claim. Insurance companies are notoriously difficult when it comes to these types of claims.
At Raval Trial Law, we help disability claimants like you at all steps of the process, providing you with determined advocacy. Call us at (713) 324-8118 to schedule your initial consultation.
Why Choose Us for Your ERISA Disability Claim?
Since insurance companies may be difficult when you are applying for disability benefits, you may consider hiring our skilled attorneys at Raval Trial Law before you file a claim in Houston. When you hire us to help with your disability claim, we can do the following:
- Help you understand the terms of your policy
- Prepare the claim to file with the insurance company, including the necessary medical and supplemental evidence
- Communicate with the insurance company on your behalf
- Help you understand the reason for the claim denial and build evidence that can counter what the insurance company says
- Negotiate a settlement agreement with the insurance company
- File an appeal on your behalf with the insurance company
- Litigate your case in federal court if your appeal is denied
Our Houston ERISA disability lawyers are standing by to help.
How Do I Qualify for ERISA Disability Benefits?
Your insurance policy includes a definition of the word “disabled,” meaning that your medical condition leaves you unable to perform the duties of your job. You present an initial claim to the disability insurance company that provides coverage, and your claim always includes medical evidence that shows your condition. It also includes supplemental evidence, such as vocational evidence that shows you cannot do your job, along with a personal statement.
Insurance Companies Often Deny Disability Claims
Especially when you are filing a claim for long-term disability benefits, insurance companies can be very stringent when they are evaluating your evidence and interpreting the terms of your policy. They know that they can be obligated to pay you a lot of money over time, so they try to find any reason they can to deny your claim.
The most common reason for disability claim denial is that the insurance company does not think that you meet the policy’s definition of the word disabled. In the insurance company’s view, your medical condition does not prevent you from doing your job. In this regard, the insurance company may claim:
- There is insufficient objective medical evidence of your disability
- There is no proof of your functional limitations
Other reasons for denial of your disability insurance claims include:
- Your condition was pre-existing
- You cannot show continuous and appropriate treatment of your condition
- You missed a deadline
- The forms were filled out incorrectly
- Surveillance or social media evidence shows conduct that is inconsistent with your disability (yes, the insurance company may actually do this)
The ERISA Appeals Process if Your Claim Was Denied
Although the appeals process generally favors the insurance company, there are several checks on the decision that it has made. However, you need to act promptly to protect your right to appeal. Typically, you have 180 days from the date that the denial is mailed to you to file an appeal (unless the insurance company has shortened this time period in your policy).
Your appeal begins with the insurance company itself. The law says that the insurance company must review your initial appeal. You may be wondering why you should spend time and effort on a process that may likely lead to the insurance company upholding its initial decision. The way that ERISA works means that you have to invest this effort. While you have multiple levels of appeal, you only get one chance to build an appeal file, and that is when you submit it to the insurance company.
If the insurance company denies your appeal, it is not the end of the road for your claim. The federal court system has the final say over whether you can receive benefits. A district court judge reviews the appeal file to determine whether the insurance company made an error in your case. If you do not win at the district court level, you have the right to go to a federal appeals court.
How Long Do I Keep My ERISA Benefits?
The length of time that you can keep your benefits depends on several factors. The first is whether you have short-term or long-term disability insurance. If you have a short-term policy, you can keep your benefits for the duration of the policy if you remain disabled.
Things get a little more complicated when you are receiving long-term disability benefits. The insurance company changes the definition of “disability” after the first 24 months. In the beginning, you are disabled when you cannot do the work required in your own job. After 24 months, you are disabled when you are unable to perform any job for which you are reasonably qualified.
You can expect the insurance company to try to take away your benefits at a certain point in time. They may try to send you to an Insurance Medical Examination, which is conducted by a doctor paid by the insurance company. If your benefits are taken away from you, the law says that you can file an appeal and fight the insurance company in court.
FAQs: Why Hire a Houston ERISA Disability Lawyer
Do I really need a lawyer to handle my ERISA disability claim?
ERISA claims involve complex federal regulations, strict procedural requirements, and tight deadlines that most claimants don’t understand. Hiring a Houston ERISA disability lawyer can help you build a strong administrative record, counter insurance company tactics, and improve your chances of winning benefits.
When should I contact an ERISA disability lawyer?
Contact a Houston ERISA disability lawyer from Raval Trial Law as soon as possible, ideally before filing your initial claim or immediately after receiving a denial. Early legal involvement helps ensure you submit the right medical evidence from the start and avoid costly mistakes.
What can an ERISA lawyer do that I can’t do myself?
An ERISA lawyer understands the specific medical evidence insurers require, knows how to obtain persuasive opinions from your doctors, and can identify when insurance companies use biased reviewers. Insurance companies take claims more seriously when knowledgeable attorneys are involved, often leading to better settlement offers.
Contact Our Houston ERISA Disability Attorney
When you need a Houston ERISA lawyer who takes the time to get to know you and learn about your case, speak to Raval Trial Law. We are not afraid to take on the insurance company that is standing between you and the benefits that you deserve. The first step is to schedule an appointment to speak with us, and you can do that by submitting our online form or by calling us today at (713) 324-8118.
When a large powerful insurance company mishandled my Disability claim, I sought legal assistance and was referred to a law firm in Houston, Texas. Amar Raval responded quickly, rapidly assessed my situation and began negotiating on my behalf. Ultimately, a lawsuit was required and a fair settlement was reached. Mr Raval was diligent, professional, attentive, determined and always available to discuss my stressful situation. I highly recommend him and Raval Trial Law to evaluate and handle any legal challenge.
I am very thankful for Mr. Raval and his help with our health insurance company. I have no doubt that our medical bills would not have been paid without his intervention and diligence. I appreciated his communication and would recommend him to anyone having problems with an insurance company.
Outstanding service. Mr. Raval is attentive to details, timely in feedback, and forward thinking so that we are well prepared for next steps. We couldn’t recommend a more efficient attorney to accommodate our goals!
Mr. Raval was a wealth of information, kind, helpful and I felt listened to. While he was unable to represent us due to needing another state lawyer, he went above and beyond in helping me find someone that would help and explained the ins/outs of our insurance policy in terms I could understand. Highly recommend.
Mr. Amar Raval is a great communicator, supportive, and considerate. He has a very good knowledge and understanding of insurance law in Texas. He was always patient with me and made sure to explain all aspects of my case. Having Mr. Raval as my lawyer was the best decision I could have made and I will always appreciate the impact he’s had on my life! I highly recommend Mr. Raval. He is the best!
Raval represented us against a corporate giant demonstrating expertise in corporate and personal injury law. We were educated about the process and kept informed at each step, with options available. We were highly satisfied with the outcome. Not only that Raval was able to win the case for us but was able to get a favorable ruling which sets a favorable precedence on similar cases relarted to subrogation of medical expenses incurred by injured party.
I received a bill from the hospital for $25,000 stating my insurance company did not approve my knee surgery. After investigating, attorney Amar Raval found that the hospital did not follow the proper procedure or process to get my surgery authorized through my insurance company. He was able to get the case dismissed due to the hospital not having any proof that I was at fault or was responsible for the bill.
Mr. Raval was awesome. In the wake of the passing of my father, several issues arose regarding his life insurance. Mr. Raval was referred to me for this instance. He was kind, courteous, compassionate, truthful, and most of all he helped myself and my family understand the situation we had chosen to undertake. Everything he and Tracy did made us feel like we were talking to family members who had the ability to help. Mr. Raval resolved our situation in our favor. It was more than we could hope for. I would highly recommend and hire him again, if the situation ever needed it.
I would like to recommend this firm. I have no words to express my gratitude to them for everything they did for me and my claim. I was denied my private long term disability claim by a well known insurance company.
They reviewed my case and immediately started the appeal which was successful. Their professionalism and compassion helped me in every step. I was worry free knowing that they were taking care of my claim.
If you ever need a disability lawyer this is the firm to call.
Amar Raval and his team are who you want on your side when dealing with an insurance company that is delaying your benefits. He stays in contact and is a go-getter. I enjoyed working with him.
Mr. Raval was the first attorney I found in a web search. Three other attorneys I spoke with as well recommended him. So, we first encountered his excellence among his peers. We hired him to represent my wife against an LTD (long term disability) claim denial. He convinced the insurance company to reverse its decision to deny my wife’s claim. His detailed and factual presentation set a tone of integrity that couldn’t be overlooked. We won justice and peace of mind. This was also a victory for healthcare over health insurance companies.
Amar Raval and the team at Berg, Plummer, Johnson, and Raval are amazing lawyers and great to work with. They explain everything in detail and make the process a better learning experience. They are always available to help quickly and maintain a high level of professionalism. If you need an attorney these are your guys.
We retained this firm a few months ago to assist us with a long term disability claim. We worked specifically with Mr. Amar Raval. He and his staff have been very accommodating and attentive to our case. Mr. Raval had done extensive research into the company we were dealing with which impressed me right from the start. He assumed the stress I had felt from previous dealings with this company. He and his staff are knowledgeable, competent and accomplished what we had not been able to do on our own. We are so glad we used an attorney and so glad we found Mr. Raval. We would highly recommend him and Tracy, his assistant, for their thoroughness and diligence. Very easy to work with and a great advocate. We will continue to use this firm as our legal advisors.
Mr. Amar Raval is a great communicator, supportive, and considerate. He has a very good knowledge and understanding of insurance law in Texas. He was always patient with me and made sure to explain all aspects of my case. Having Mr. Raval as my lawyer was the best decision I could have made and I will always appreciate the impact he’s had on my life! I highly recommend Mr. Raval. He is the best!
Attorney Mr. Amar Raval is exceptionally “Professional”, “Knowledgeable” in U.S. Law . I trust his representation and so should you . You’re using a “Winner”!
Amar Raval is a lawyer that believes in you and your situation and in plain English will advise you on your case for the best outcome. I trust very few people but this is a trustworthy person with my best interest at heart I thank him a lot.
Mr. Raval was quick and to the point, but most importantly he understood my situation, and saved me lots of time and grief. Highly recommended.
Raval Trial Law and specifically Amar Raval has represented me on several occasions for litigation purposes. On both matters Mr. Raval was able to secure the max judgement allowed by the law for those specific litigation cases. I can attest to Mr. Raval’s professionalism, communication skills, attention to detail and ability to think outside of the box in order to get the matter resolved. Mr. Raval’s presence in the courtroom is unwavering and you can tell that he is in his element throughout the trial. Mr. Raval’s knowledge of the law and his experience as a litigator helps to take the stress out of the litigation process. I highly recommend Raval Trial Law to assist with any and all litigation matters.
I have know Amar Raval for many years and I highly recommend Raval Trial Law when litigation is needed. Amar has extensive experience and knowledge when it comes to litigation affairs. He flows through the courtroom which shows how comfortable he is as this is his area. Call him today as he can help fight for your rights.
Amar worked diligently on my case. He kept me informed, explained everything that was taking place, and offered advice. It was a hard case and I was truly satisfied with the results.
Very attentive to detail and an effective communicator . Highly recommend Raval Trial Law!!
Amar is one of the top ERISA lawyers in the state. He is not only super knowledgeable, but also very caring and personable (rare nowadays!). I can vouch for his passion for the clients and trust that he will see the case through to the end to the full betterment on your behalf. Always felt good to have him by your side.
Amar Raval’s expertise within his specialty of Insurance Litigation is unparalleled. He is a true advocate for all of his clients, very professional and an excellent communicator! I highly recommend Amar and his team!
Amar and his team did a fantastic job. I highly recommend them.
Raval represented us against a corporate giant demonstrating expertise in corporate and personal injury law. We were educated about the process and kept informed at each step, with options available. We were highly satisfied with the outcome. Not only that Raval was able to win the case for us but was able to get a favorable ruling which sets a favorable precedence on similar cases relarted to subrogation of medical expenses incurred by injured party.
Called requesting a consult for an unusual health insurance issue. I ended up not requiring legal assistance, but Mr. Raval spent ample time to understand what was going on and providing guidance on how would be best to proceed. Mr. Raval was extremely helpful and I would highly recommend!
Mr. Raval was a wealth of information, kind, helpful and I felt listened to. While he was unable to represent us due to needing another state lawyer, he went above and beyond in helping me find someone that would help and explained the ins/outs of our insurance policy in terms I could understand. Highly recommend.
Mr. Raval listened to what the Hartford insurance company had done to me, he gathered all the documents, letters, phone calls.
Amar told me to let him do the worrying, he went after them with both barrels! Whenever I’ve had questions or called, I was always treated as if I was his only client.
I cannot say enough good things about them and the “customer service” I’ve received, job well done. Thank you so much!
Trial Lawyers for the People
Call Us Today! (713) 324-8118
