How Does A Short or Long Term Disability Policy Holder Find Out About Their Disability Benefits
Did you know that if you purchased a short or long term disability policy through an employer, (other than a government or church employer), the ERISA statute requires that your employer or Union act as a fiduciary?
What Are The Duties Of A Fiduciary?
Your employer or union must provide information about benefits when you ask for it in writing. In fact, plan administrators, employers or unions who provide benefits, must provide a copy of the plan documents to you if you make a written request for the documents.
If they don’t provide you with the plan documents, they can be subject to up to a $110 per day penalty.
What Other Fiduciary Duties Protect Me?
ERISA plan fiduciary’s, such as employers or unions, or insurance companies, are under a fiduciary obligation to:
– communicate with you,
– to fully inform you about the material facts that are necessary to answer your questions,
– file a claim, and
– they are required to give you complete and accurate information to answer your questions.
There is another fiduciary duty which is not to misinform you.
The fiduciary is affirmatively required to provide you with complete and accurate information about your circumstances. They are even required to provide documentation that you didn’t specifically request.
Silence is not an acceptable option! If they don’t provide you with this information, or give you false or misleading information, you can sue them for a breach of fiduciary duty under ERISA. A fiduciary breaches their duties owed to you by materially misleading you, regardless if their misrepresentation statements or omissions were made negligently or intentionally!
What Should I Do If I Can’t Get The Documents I Need Or My Questions Answered?
It’s time to contact ERISA attorney Nancy Cavey who can help you get that information! Not only will your employer, plan fiduciary or union is subject to a $110/per day fine if they don’t provide the information within 30 days of the written request but we can request attorney’s fees for the time spent trying to retrieve this information.
You owe it to yourself and your family to contact plan ERISA attorney Nancy Cavey who can help you get the disability you deserve.
Don’t let the disability carrier rob you of your peace of mind by failing to give you the information you are entitled too. Call today at 727-894-3188 for your complimentary consultation.