What is ERISA?
ERISA (the Employee Retirement Income Security Act) regulates employee benefits, including long-term disability policies. Claims governed by ERISA are quite different from normal insurance claims that are governed by state insurance laws.
Under ERISA, a disabled employee has the right to appeal an insurer’s denial of long-term disability benefits, but the deadlines are very short, and it is extremely important that the internal administrative appeal of a long-term disability denial contain all the necessary evidence of disability. If an internal appeal is denied, a claimant has the right to file a lawsuit in Federal Court to reclaim benefits. ERISA lawsuits require knowledge of complicated ERISA law and procedure.
At the Robaina & Kresin law firm in Phoenix, our employment law attorneys have a thorough knowledge of ERISA law and procedure. We can help you understand and protect your rights.
- What is a disability plan – and what does yours offer in case of a disability?
- What are long-term disability benefits? What is the typical two-year change in benefits?
- If your claim is denied, what is the appeal process? Do you need a lawyer?
- What can you do if your appeal is denied?
- What are the applicable standards and what can you expect if you win an ERISA lawsuit?
Long-term disability plans are important benefits protected by ERISA.
If your long-term disability benefits are denied, you need to takes steps to protect your rights. You are welcome to contact us for an appointment to discuss your situation and your options.