In this video Marc Whitehead, a Board Certified Disability Attorney, explains how Disability Insurance Companies will use Federal ERISA Law to deny your disability claim.
The Laws and Procedures governing Long Term Disability insurance claims processes differ on whether or not your claim is preemptive by Federal ERISA (Employee Retirement Income Security Act).
The distinction is generally determined by whether or not your employer has paid any part of your disability insurance premium. It’s very common to have a group health or 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 purchase privately by an individual the policy is normally governed by state insurance law. Claims governed under ERISA Law are quite different and distinct from normal insurance claim that are governed by state insurance law.
Most attorneys are not familiar with the nuances and legal traps in ERISA governed claims. ERISA attorneys who understand the laws, many implications and apply them carefully tend to be in short supply.
ERISA claims are most often litigated in Federal Court, a court which many Attorneys may not excel. It’s important to immediately seek legal help from an ERISA claims Attorney early in your claim. Deadlines to appeal a denied ERISA disability claims are very short. In ERISA governed claims the administrative appeal is critically important for the claimant. As this is generally the only opportunity for the claimant to submit critical evidence to help prove their disability.
Disability Attorneys that are not specialized in ERISA claims may only be familiar with State Insurance and Bad Faith Laws, which govern privately owed Long Term Disability policies. But not the ERISA laws for those disability claims were paid for at least in part by the former employer. Our experience with ERISA laws and our commitment to human well-fair give us an upper hand against unscrupulous insurance companies.
Marc Whitehead & Associates is a National Disability Law Firm representing disabled individuals on all 50 states with over 20 years of experience fighting for our clients.
