Most group disability policies provided by employers are regulated by a federal law, the Employee Retirement Income Security Act, known as ERISA. If you’re fighting an insurance company’s denial of your medical disability claim, you’re probably wondering what happens in court and whether ERISA law allows you to argue your case in front of a jury of your peers. After all, that’s what we see all the time on TV, right? The little guy was wronged by the big corporation and now the corporation has to answer for their crimes in front of a group of regular Americans. It’s how we assume the system works.
Unfortunately, in the case of ERISA claims, this is not true. One of the little-known provisions of the code prevents claimants from having a trial in front of a jury.
Why is ERISA Code and a Lack of a Jury Trial Important?
When a big company has to answer for what it’s done in front of normal, everyday citizens, it scares them. Why? With a jury, they have to worry about selling their often sketchy practices to a group of 12 people just like you – chances are good that some of them probably even have policies like yours, so any negative information they learn is going to be something that they can’t help but take personally.
But under ERISA your claim will be reviewed by a Judge who probably won’t be drawn in by the emotion of your case and will likely focus on precedent and legal minutiae. Those are things that big companies tend to take advantage of because they can pay big teams of lawyers to work around the law.
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If your disability claim has reached the litigation stage, your best move is to hire a veteran ERISA claim attorney to battle the insurance company on your behalf. With our skills and experience behind you, you send a message to the insurance carrier and its attorneys that you are not going to be manipulated out of your rightful compensation. Visit our website for more information on disability claims. Be sure to download a free copy of our e-book and check in weekly for new blogs.
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