Long-Term Disability - ERISA

What is ERISA?

ERISA stands for Employee Retirement Income Security Act of 1974 (ERISA) and was passed to protect employee benefits for participating plans.  Most long-term disability claims made against policies through your employer fall under ERISA guidelines.  Under ERISA, certain specific procedures must be followed in the claims process before you can eventually file a suit against your insurance company in court. 

Your policy will outline these specific procedures, including specific time limits governing various actions that need to be taken.  An internal appeals process exists if your claim is denied which you must navigate.  Because each policy has its own language and terms, it is important that you consult with an attorney about your particular ERISA long-term disability claim so that we can begin assisting you with a claim, appeal, or lawsuit as soon as possible.   Most long-term disability insurance policies that are received through your employer are governed by the Employee Retirement Income Security Act of 1974 (ERISA).  ERISA is a very complex law that governs the procedures set forth in applying for long term disability benefits through your insurance carrier.  

ERISA limits your rights in the event you must file a lawsuit against your insurance company.  Under ERISA, it is highly unlikely that you are not able to take discovery against the insurance company.  Typical methods of discovery such as depositions and interrogatories are typically not allowed in ERISA claims.  In addition, most ERISA claims are settled on motion without affording the plaintiff to appear in Court before a judge.  All ERISA claims must be filed in federal Court. 

Philadelphia Long-Term Disability Lawyer

A long term disability insurance policy is designed to pay you benefits if you become disabled.  Depending on the policy you have, most policies provide you with a percentage of your salary which is paid to you in a monthly check.  Most long-term disability insurance policies are either purchased through your work or provided to you by your employer.  If your long term disability insurance policy was obtained through your employer than it is most likely governed by ERISA. 

Having your long-term disability claim denied can be a financially devastating for you and your family.  Our firm understands the importance of this situation and how vital it is to your financial security to obtain the benefits to which you are entitled.  With representation from a Philadelphia long-term disability lawyer from our firm, we can assist you in any stage of your claim.

Many disability insurance companies use ERISA to create onerous tactics to deny the claims of those who apply for benefits.  If you are applying for long term disability insurance and live in the greater Philadelphia area, we urge you to consult with a Philadelphia long-term disability attorney at our firm about the specific facts of your case.  At The Bernstein Law Offices, we have the experience in fighting for the rights of our clients who are wrongfully denied disability benefits from their insurance carrier.  Whether you are making an initial application or have been denied benefits, we have the experience to handle your claim.

Contact the Philadelphia Long-Term Disability Attorney at the firm today if you need legal assistance with an ERISA disability claim.