FAQ – What if I asked for my plan or other documents and I can’t get them? | Tampa Long Term Disability Lawyer

You really do want to have a copy of the summary plan description (SPD) and your disability insurance policy before you even think about filing a disability claim.

So how do you get it? You should have been given a summary plan description when you signed up for your benefits. It may even be online.

Look at the summary plan description and see if it has the name of the plan administrator. If the plan administrator is identified, send a letter certified mail return receipt requested, asking for a copy of your policy and any amendments or changes made to the policy since you signed up.

If you can’t figure out who the plan administrator is, ask your human resources department. If they can’t give you an answer, send a written request to your employer certified mail, return receipt requested, asking for the name of the plan administrator, disability insurance company and a copy of any policy they might have.

Under the ERISA statute, the failure to provide a summary plan descriptions in a timely manner can result in a fine, under ERISA, of $110.00 per day. Unfortunately, that penalties is only awarded under certain circumstances, and by a judge.

If you can’t get a copy of a summary plan description or policy that is your first warning sign that problems lie ahead. You should obtain the assistance of an attorney to get the summary plan description and policy. Your attorney can file a lawsuit asking for enforcement of ERISA and the imposition of penalties.

Disability insurance companies who don’t play nice when asked to provide basic information aren’t going to play nice when it comes to deciding if you’re entitled to disability benefits. Take warning!

If you have any questions, please give us a call at 727.894.3188 or contact us online by clicking here.

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