We handle all aspects of ERISA-covered, and private policy, Disability Insurance Claims, from application, through appeal, and litigation, when necessary, nationwide.
SHORT & LONG TERM DISABILITY INSURANCE (ERISA) CLAIMS
Much of this Firm’s practice concentrates on representing individual claimants in the pursuit of short-term disability (STD) or long-term disability (LTD) claims.
As a general matter, many employers offer STD and LTD coverage as part of an employee’s benefit package. In most instances, an employer contracts with an insurance company, which then issues a “group” policy. STD and LTD coverage is intended to provide an employee with replacement income (usually from 50 – 66 2/32% of prior earnings) in the event that the employee becomes disabled, regardless whether the disability is caused by illness or injury, and regardless of whether it has anything to do with the workplace. (Note that this is different than Workers’ Compensation coverage, which only applies when one is injured at work.) Typical LTD coverage includes the promise of continuing benefits until the employee either recovers from the disability, or reaches retirement age.
The federal statute, the Emloyee Retirement Income Security Act of 1974, commonly known as “ERISA,” applies to most STD and LTD plans. ERISA requires that the plan be administered to meet certain standards. For example, it provides that a claimant must be given an opportunity to appeal a denial of benefits, and it sets up specific time-frames and other requirements to which the claimant and the insurer or “administrator” must adhere. ERISA also provides a claimant the opportunity to challenge a denial of benefits in the federal courts.
But, for all of ERISA’s mandated procedural requirements, put in place to protect the plan’s participants, over the past few decades the federal courts have effectively reduced a claimant’s protections under the Act.
And, of course, the insurers of STD and LTD benefits will seize on any opportunity to deny benefit claims.
In light of the limit of legal protections for claimants and the propensity of insurers to close claims, it is important that each claim be carefully developed with an eye to possible future litigation.
Contact us if you believe you could benefit from our experience in STD and LTD claims.
HOW TO GET STARTED
Simply contact us to answer your questions, or set up a free consultation to see if we can help you.
THE KEY WAYS WE CAN HELP
Initiating a Claim on Your Behalf
Appealing a Denial of STD or LTD Benefits
Litigating a Denial of Benefits
Managing Your Claim During an Insurer’s Review
Helping Negotiate a Lump-Sum Settlement of Your Claim
WHY CHOOSE US ?
We have specifically studied ERISA and its regulations, and have over 25 years experience handling all kinds of disability claims, at all stages: initial claims, administrative appeals, and of course, litigation and federal court appeals. Our ERISA short-term and long-term disability claims have numbered in the hundreds, and we enjoy a good rate of success.
From the start our goal has been to help our clients achieve the benefits they rightly deserve. Understanding that our clients are specifically dealing with extreme financial pressure because they cannot work, we offer contingency fee agreements. No person should have to forego experienced representation because of a lack of money.
We believe in our clients and we recognize that their energy is better spent trying to cope with their conditions and get better, and not fighting with insurance companies–that’s where we come in. Our job is to level the playing field.