ERISA Disability Lawyer Berkeley, CA

If you applied for ERISA disability benefits and were denied, don’t wait any longer to call The Law Office of Bennett M. Cohen. Our Berkeley, CA ERISA disability lawyer is a fierce advocate for those struggling to secure the financial support they are rightfully owed. Contact our firm today and schedule a consultation to learn about your legal options and the next steps our attorney recommends taking for your case.

Filing For Disability And Managing Appeals

The process of applying for ERISA disability benefits is not easy. You must compile evidence that outlines your condition and limitations. This documentation could include medical records, special testimony, and witness statements. In addition to the paperwork, there are strict deadlines for disability applications, and our attorney will make sure that you meet all of the requirements.

Partnering with our Berkeley ERISA disability lawyer early can help avoid common mistakes in the filing process. However, if you are dealing with a denial, there is still time to get legal support. Our lawyer will review your claim to pinpoint where it went wrong. Sometimes, a denial is caused by a simple mistake on your paperwork. Other times, the error is more egregious and can lead to further litigation in the federal courts. Regardless of your situation, you can trust our attorney will fight for your rights and interests at every turn.

Determining ERISA Eligibility

To get access to ERISA disability benefits, you need to have worked for a private employer or a union organization. However, if you were a government employee, worked for a religious institution, or other exempt employer, you are excluded from coverage. Our attorney knows the exact qualifications for ERISA and will take you through the filing process step by step. If we determine that you are not eligible for benefits, we will do our best to connect you with a similar, alternative resource.

We Get Denials Overturned

When it comes to pushing back against a disability denial, you want an attorney who has a track record of success handling similar claims. Our lawyer has helped so many clients get a denial for disability benefits overturned. In addition, we were able to collect back pay to make up for the time when our client didn’t receive the benefits they were rightfully owed. Remember, we want you to be financially supported now and in the future, but we will also go after your lost benefits so all of your damages are recovered.

Collect Disability Benefits Owed To You

When you are no longer able to work because of a disability, securing financial assistance is essential for your overall well-being. The Law Office of Bennett M. Cohen is committed to helping California residents fight back against unjust insurance denials. Call now to set up an appointment with our Berkeley ERISA disability lawyer. We will help you get your paperwork in order, file an appeal, and recover the benefits you are rightfully owed. Don’t wait to get started. Let us take the stress off your shoulders and choose the law firm that will always fight for your best interests.

Types Of ERISA Denials We Handle

If you’ve filed a disability claim through your employer-provided insurance plan and received a denial, it’s time to contact a Berkeley, CA ERISA disability lawyer. At The Law Office of Bennett M. Cohen, we’re ready to use our 30+ years of legal experience to help you challenge your denial and pursue the benefits you’re owed under ERISA.

Many group insurance policies are governed by a federal law called ERISA—the Employee Retirement Income Security Act. While ERISA was designed to protect workers, the process for appealing a denial is strict and often tilted in favor of the insurance company. Read on to see how we can help, and contact us today.

Denials Based On Insufficient Medical Evidence

Insurance companies often claim there isn’t enough medical support for a disability, even when treating doctors provide detailed records. As your Berkeley ERISA disability lawyer, we’ll help you gather additional documentation and build a stronger case for appeal.

Denials After Independent Medical Exams

ERISA plans frequently require claimants to attend medical exams set up by the insurer. If the insurer relies on those exam results to deny the claim—despite other strong medical opinions—we step in to dispute the findings and provide context.

Functional Limitation Disputes

In some cases, an insurer admits the condition exists but argues it doesn’t stop the person from working. We address this by submitting updated medical records and functional assessments that show how the condition affects daily activities and job tasks.

Mental Health Limitations

Many ERISA policies limit benefits for mental health claims to a shorter timeframe. We help challenge these limits when clients are still unable to work due to diagnosed and documented conditions that have not improved.

Lack Of Objective Evidence

Some denials are based on the idea that there’s no lab result or scan to “prove” the condition, especially in cases like chronic pain or fatigue. We help argue for recognition of conditions that may not always show up on tests but still affect someone’s ability to work.

Missed Deadlines Or Filing Errors

ERISA claims must follow strict timelines. A missed appeal deadline or incomplete form can result in a denial. We assist clients in addressing these issues and, where possible, requesting reconsideration or filing federal suit.

Surveillance-Based Denials

Insurers may use surveillance footage or social media posts to argue that a claimant is not disabled. We work with clients to explain these materials in context, especially when a brief moment is being used to deny months of documented health struggles.

Pre-Existing Condition Exclusions

If the insurer believes the disability is linked to a condition that existed before coverage began, they may deny the claim. We review medical histories and plan terms to determine whether that reasoning is valid or being used unfairly.

Vocational Disputes

Some insurers argue that a claimant can work in a different job, even if it’s unrelated to their experience or training. We challenge this by working with vocational professionals and gathering evidence that supports the client’s actual employability.

At The Law Office of Bennett M. Cohen, we’ve spent over 30 years helping our clients fight against giants such as Shell Oil and Metropolitan Life Insurance Company. ERISA disability denials can feel overwhelming, but you don’t have to deal with them alone. If your claim was denied and you’re unsure what comes next, contact us today to get started with a Berkeley ERISA disability lawyer you can trust.

Steps To Take After An ERISA Denial Letter

Receiving a denial letter after filing a group disability claim through an employer plan can be discouraging, but your Berkeley, California ERISA disability lawyer can walk you through the process. At The Law Office of Bennett M. Cohen, we’ve helped our clients with health insurance and disability claim denials, and as your insurance litigation lawyers, we’re ready to help you find your next steps. Read on to learn more, and contact us today to get started with our team.

1. Read The Denial Letter Closely

Start by reading the entire letter from the insurance company. It usually includes the reason your claim was denied, what documents they reviewed, and what deadlines apply for an appeal. This is not the time to skim—take notes, mark dates, and save a copy for your records.

2. Get A Copy Of Your Claim File

You have the right to request the full claim file from the insurance company. This includes medical records, notes, internal communications, and any reviews they conducted. Seeing what the insurer based its decision on will help you build a stronger appeal.

3. Review Your Disability Plan Language

Pull out your benefits booklet or plan document. Review the definitions of disability, the types of evidence required, and what rules apply for appeals – preferably with the help of your Berkeley ERISA disability lawyer. These group plans often have very specific standards, and they don’t always match your doctor’s idea of disability. Knowing how the plan defines things gives you a better way to respond.

4. Talk To Your Doctors

Share the denial letter with your treating physicians. They may not have known what the insurer was looking for. In some cases, updated records or clearer explanations from your medical team can address the issues raised in the denial. If any new conditions have developed, this is also a chance to include them.

5. Write A Detailed Appeal

You usually have 180 days from the date of the denial to submit your appeal. Use this time to gather documentation, letters from doctors, test results, and anything else that speaks to your inability to work. Your appeal should clearly respond to the insurance company’s reasons for denial and explain why you still qualify under the plan terms.

6. Watch For Deadlines And Delivery

Every date matters. If you miss the appeal deadline, you may lose your chance to challenge the denial. Send the appeal by a method that gives you proof of delivery, such as certified mail or a tracking service. Save a copy of everything you send.

7. Avoid Adding New Evidence After The Appeal

Once the appeal is submitted, that may be the last time you can add new documents. If your claim ends up in court, the judge may only review what’s already in the file. That’s why your appeal should include everything you want considered.

Contact Us Today

At The Law Office of Bennett M. Cohen, we’ve been helping our clients get the care they need since 1981. Now, we’re ready to help you. Contact us today, and see what a Berkeley ERISA disability lawyer from our team can do for you.