• David Martin

ERISA Claims & 5 Mistakes Made When Filing - Mistake #5

Over the last few weeks, we have discussed four of the five mistakes made when filing ERISA claims for long term disability and short term disability, life insurance, pension or retirement, and sometimes large medical benefit claims.

The fifth and final mistake is failing to understand the burden of proof and then meet that burden of proof.

Many times, one may assume that if they've signed a medical authorization or a social security authorization, the insurer or the plan administrator will obtain those documents, but the policy or the plan may actually leave that burden on the insured or on the participant. If that is the case, then you are making a mistake to rely upon the insurance company or plan administrator to obtain favorable evidence for your claim.

In our opinion, they certainly should because they are a claim fiduciary, and they have an obligation to fairly and honestly evaluate your claim. Unfortunately, that doesn't always occur. Therefore, it's very important for you to obtain the medical records that you may need for your claim and any other evidence or documents that are your burden to provide to the insurer or plan administrator.

You must review the plan document very carefully to understand exactly what the burden of proof entails and then,diligently and expeditiously attempt to meet every element of the burden of proof that is on the ERISA claimant.

Whether you or your client needs advice before applying or appealing for ERISA benefits such as long term disability, short term disability, life insurance, pension and retirement, contact an experienced ERISA attorney at The Martin Law Group at 800-284-9309.

Contact us today for a free initial consultation.

The Martin Law Group is dedicated to being your go-to ERISA attorneys and long term disability lawyers. Whether you are pursuing a long-term disability claim, life insurance benefits, or your pension or retirement benefits, we will meet with you face-to-face to discuss your claim at a location convenient for you. 


In an effort to make disability claims as easy as possible, we offer a free initial consultation. We often work with clients in Huntsville, Mobile, Birmingham, Montgomery, Dothan, Tuscaloosa, and Florence, in Alabama, as well as with clients in Columbus, Meridian, Jackson, Hattiesburg, Tupelo, and Gulfport, Mississippi, and surrounding areas.

Contact us today for a free consultation.

Long term disability attorney
Long term disability lawyer alabama

Tuscaloosa Office

2117 Jack Warner Pkwy
Suite #1
Tuscaloosa, Alabama 35401
Toll-Free: 800-284-9309
Local: 205-343-1771

Birmingham Office

The WSK Building
2323 2nd Avenue North
Birmingham, Alabama 35203
Toll-Free: 800-284-9309
Local: 205-343-1771
  • Long term disability lawyer
  • ERISA disability lawyer
  • Retirement benefits lawyer

© 2020 by The Martin Law Group, LLC

Sitemap | Legal Disclaimers | Privacy Policy

Website proudly created by Cartography Consulting.

DISCLAIMER: The information presented on this website should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Therefore, no information of any kind that you provide us before such a relationship is created is confidential or privileged.

Furthermore, no representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.