In this Video Marc Whitehead, a Board Certified Disability Lawyer, explains if you can receive a jury trial under Federal ERISA Law.
Most group disability policies provided by Employers are regulated by a Federal Law known as ERISA- The Employee Retirement Income Securities Act. If you are fighting an insurance companies denial of your medical disability claim you are probably wondering what happens in court and whether ERISA law allows you to argue your case in front of a jury.
We often assume that this is how the system works: the little guy is wronged by the big corporation and then the corporation has to answer to a jury of peers. Sadly in regards to ERISA cases, this is not true.
Why is ERISA’s lack of a jury trial important?
When a big company has to answer to it’s down in front of normal everyday citizens, it scars them.
Why? With a jury, they have to worry about selling it’s often sketchy practices to a group of twelve people just like you. chances are good that some of them 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 into the emotion of your case and will likely focus on minor legal details.Those are things that big insurance companies tend to take advantage of.
If your disability claim has been denied your best move is to hire an experienced ERISA claims attorney, to battle the insurance company on your behalf.
