Disability Income and ERISA
The law and procedures governing the disability claims process differ depending on whether or not you claim is “pre-empted” by Federal ERISA law. ERISA stands for Employee Retirement Income and Security Act.
The distinction generally is determined by whether or not your employer has paid any part of your disability insurance premium. It is very common to have a group health and disability insurance plan through your employer.
Typically if this occurs, the insurance plan will be governed under Federal ERISA law and procedures. In contrast, if the policy is purchased privately by an individual, the policy is normally governed by state insurance law.
Understanding the Intricacies of ERISA Group Disability Claims
Group claims governed under ERISA law are quite different and distinct from normal insurance claims that are governed by state insurance law. Most attorneys are not familiar with the nuances and legal traps in ERISA governed claims. It is important to seek immediate legal help from an ERISA attorney early in your claim.
If you have any questions about your claim, we urge you to get in touch with us for answers. Our law firm can handle your initial application and filing, or we can step in at any stage of the process after your claim has been denied.
The attorneys of Marc Whitehead & Associates are highly experienced with the complexities of Federal ERISA law. This can mean the difference between winning and losing a case.
Our ERISA claim attorneys will obtain your complete claim file from the insurance company pursuant to Federal ERISA statutes. Organization, review and timing are key components of ERISA claims.
Deadlines to appeal a denied ERISA disability claim are very short. In ERISA governed claims, the administrative appeal is critically important to the claimant, as this is generally the only opportunity for the claimant to submit critical evidence of disability.
An ERISA attorney assures that the appeal takes into account all of the medical information and records, vocational information, statements of witnesses and all other legal concerns and arguments that affect the results. In the event a lawsuit is necessary, these legal reasonings are maintained for future consideration by a court.
Hiring an ERISA Claim Attorney
ERISA lawyers who understand this law’s many implications and apply them carefully tend to be in short supply. Group claims regulated by ERISA are most often litigated in Federal Court, a court in which many attorneys may not excel.
Disability attorneys not specializing in ERISA claims may only be acquainted with state insurance and bad faith laws, which govern privately owned long-term disability, but not the ERISA laws for those disability claims paid for at least in part by a former employer.
Our experience with ERISA laws and our commitment to human welfare give us the upper hand against unscrupulous insurance companies. The attorneys at Marc Whitehead & Associates are also familiar with class action claims for ERISA benefits and other employer-provided benefits. We have been winning battles against insurance denials since 1992, representing individuals who have fought their insurance companies.
From the moment the insurance company has denied your claim, it is important to seek immediate legal help.
Speak with an experienced ERISA group disability claims attorney to get answers to your questions or to determine appellate deadlines. Distance does not limit our ability to help you; wherever you live, we encourage you to contact our firm.
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