Long Term Disability ERISA Claims Attorney
ERISA is a federal law that governs long term disability (LTD) insurance when it is provided by an employer. It is very favorable toward the insurance companies. If your LTD insurance claim has been denied, you need the help of an attorney who has a thorough understanding of ERISA to help you win your appeal.
The Employee Retirement Income Security Act (ERISA) of 1974 was originally created to protect workers’ pensions and retirement plans.
Unfortunately, when the U.S. Supreme Court decided that the law also governs employer-provided insurance benefits, it protected the insurance companies from claims based on state law.
Under ERISA, you cannot recover bad-faith damages from the insurance company. You can only win the actual benefits you are entitled to under the policy. That means the insurance companies have no incentive to treat you fairly because they have nothing to lose if they wrongly deny your claim.
ERISA governs most employer-provided LTD insurance policies, but not all. Most government and church employees are exempt from ERISA, and can sue under state law which can yield much greater compensation.
An exception may also apply to you if you paid 100% of your policy premiums, and your employer only played a small role in providing the insurance.
Experienced ERISA attorney, Fred J. Fleming can determine whether your LTD claim is governed by ERISA or state law and help you receive maximum benefits and compensation.
ERISA LTD Appeals are Very Challenging
If your LTD claim has been denied, you need the help of an experienced ERISA attorney immediately. You are facing very tight deadlines, and a complicated process in which it is very easy for you to make mistakes that will destroy your claim.
ERISA lawsuits are nothing like the lawsuits you may be familiar with. You do not go in and plead your case personally. Your doctor does not testify on your behalf. You do not introduce new evidence.
A federal court reviews your existing case file to determine if the denial of your benefits was appropriate. All of the evidence must go into the file during the internal appeals process. The court will review the insurance company’s decision.
Even though LTD appeals, under ERISA, are very challenging, if you have become disabled and are no longer able to earn a living, they are well worth pursuing. Your future and your family’s future depend on it.
If you or someone you love is applying for or has been denied long term disability benefits, long term disability ERISA claims attorney Fred J. Fleming is here to help. Please, call toll free at 1-800-882-5500 or contact us online to schedule your free consultation.