Our ERISA Attorneys Can Help With Your Disability Claim
ERISA – the Employee Retirement Income Security Act – is a federal law which has specific guidelines for private companies to follow if they offer their employees benefits. If you are filing for disability insurance benefits, ERISA will also have a major impact on your long term and short term disability claims. It is important to understand that ERISA disability insurance claims cases are often complex, but you do not have to handle the process alone. ERISA attorneys can help you navigate the process.
At Tucker Disability Law, our ERISA attorneys can take on any ERISA claim across the country. An attorney at our firm can help at any stage of the process, from applying for ERISA benefits to appealing a denial. If you have questions about ERISA law, disability insurance law or obtaining benefits, then it is important to speak to an experienced ERISA attorney at our firm today.
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Overview: ERISA Claims
What Is Considered an ERISA Plan?
ERISA-qualified plans include most benefit plans offered by a private employer. This means that working for the government or a religious institution will disqualify your benefits from ERISA’s protections. It also means that any benefits you buy on your own, or with a group outside of your employer, do not qualify either.
If you work for a private employer, then certain benefit plans that your employer offers are subject to ERISA. This will include those benefits you receive that are paid through deductions in your paycheck. It will also include benefits that your employer contributes to on your behalf.
The only plans that do not fall under ERISA’s umbrella are tax-deferred compensation plans and bonus plans.
What Does ERISA Do for Me?
If your benefits are covered by ERISA, then the federal government affords you some protections.
The Department of Labor sets out guidelines for your employer to follow when it comes to your benefits. These guidelines will include rules that your employer must follow to keep your best interests in mind. These rules concern disclosing how your benefits work and how you can access your benefits.
Do you need to recover long term disability insurance benefits? Handling an ERISA claim and the process as a whole can be difficult. Learn more about how the ERISA claim process works here.
If you have specific questions about your claim, speak to an ERISA long term disability lawyer with our firm. Contact our team to request a free consultation.
Denied ERISA-Protected Benefits
It is extremely common for disability insurance carriers to deny disability claims. Insurance companies work extremely hard to avoid paying out compensation that employees are likely owed.
Were you denied disability insurance benefits? If you receive a denial, then you will have a short window of time to appeal this decision. Because ERISA guarantees that policy holders receive their benefits in a timely manner, you will want to work quickly to comply with all rules. This pre-lawsuit appeal is mandatory. If it is not handled properly by an ERISA attorney, you may not be able to seek benefits under your existing claim.
Filing a lawsuit may be a last resort if your appeal is denied. For ERISA benefits, this lawsuit will be heard and decided by the court directly. You will not get to testify or submit additional evidence of your claim, and a jury will not hear witnesses. If the court rules in your favor, you will receive your past-due benefits, and possibly compensation for your attorney fees.
How an ERISA Attorney Can Help Secure Your Benefits
Applying for your long term disability benefits may feel like an uphill battle. This is because disability policies are complex and have many hoops for you to jump through.
However, seeking the counsel of an experienced ERISA long term disability lawyer may improve your odds and protect your rights. This is because a disability lawyer will be able to:
- Review the Policy for You. A lawyer can review your policy to determine whether your insurance company is not complying with its own benefit policies.
- Determine Documentation Needed. Your attorney will be able to determine what documentation your claim will require in order to succeed.
- Gather Documentation. Your insurer may require that you present the medical and vocational information relevant to your claim and policy. This information may be hard to acquire. It may also be time-consuming.
- Comply With Rules and Deadlines. An attorney will help you meet important claim and appeal deadlines.
One of our experienced ERISA attorneys will be able to guide you through this process. At our ERISA law firm, we will look over and explain your unique benefit plan and how your claim may qualify. We will also help you compile the relevant information needed to make a solid case for your disability claim.
In the event that you are denied, you will only have 180 days to file an appeal for your long term disability claim. If you do not submit this appeal on time or it is not complete, you may be barred from ever collecting benefits.
The ERISA Attorneys at Our Law Firm Can Help
While ERISA serves to protect workers, it is also at the same time difficult to navigate. This is because the law is complex and insurance policies differ. It is also because insurance companies, more often than not, are actively working against you. Your best shot of succeeding with your disability claim requires seeking legal help.
At Tucker Disability Law, our ERISA lawyers have the experience and knowledge you need for winning your case. We can step in at any stage of your claim’s process. Since ERISA is a federal law, we also take clients from all over the country. To find out more about ERISA, contact us online or by phone at (866) 282-5260.
