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When to Hire an ERISA Long Term Disability Lawyer

Tucker Law Group
March 18, 2021

If you are seeking long term disability insurance benefits, there is a good chance that the Employee Retirement Income Security Act (ERISA) is complicating your application process. ERISA is a federal law that protects the interest of employee benefit plans and their participants. This law governs most long term disability claims.

Although ERISA passed as a federal law to protect workers’ benefits, it has imposed many hurdles on disability claimants like you.

If you need legal assistance to handle your disability claim, speak with an ERISA long term disability lawyer with Tucker Law Group. Our experienced team is happy to review your disability insurance benefit plan with you during a free consultation.

If you can answer “yes” to the questions below, contact our team.

Do I Have an ERISA-Qualified Disability Insurance Plan?

ERISA-qualified plans include most benefit plans offered by a private employer.

In most cases, if you participate in a disability insurance benefit plan offered by a private employer, then you have an ERISA-qualified plan.

If, however, you do not have a plan offered by a private employer, you likely do not have a ERISA-qualified plan. You may instead be:

  • Employed by the Government or a Religious Institution. Your benefits do not qualify for ERISA’s protections if you work for the government or a religious institution.
  • Covered by Individual Disability Insurance. Benefits you buy on your own, or with a group outside of your employer, do not qualify either.

To learn more about who is subject to ERISA, visit our blog.

Do I Need an ERISA Long Term Disability Lawyer?

While you can file for long term disability insurance benefits under ERISA without an attorney, it is not recommended. Many Americans benefit from hiring an ERISA attorney before filing their initial claim or after a claim denial.

ERISA Long Term Disability Claim Denial

If you were denied your long term benefits, request a copy of your employer’s disability insurance plan and review it with an ERISA attorney right away. After receiving a claim denial decision, you have a short window of time to appeal the decision. However, it is important for your claim that you file the appeal properly. It is often your last chance to get evidence into the record.

The ERISA appeal is a critical stage in the long term disability claim process. It has very stringent rules to follow. Your best shot of succeeding with your disability claim after a claim denial requires seeking legal help. An attorney experienced with ERISA claims can help you understand your rights, file your appeal application and file a lawsuit if necessary.

Schedule a Free Consultation With an ERISA Long Term Disability at Our Firm

If you have questions about ERISA law, disability insurance law or your ERISA disability claim, then it is important to speak to an experienced ERISA disability attorney at Tucker Law Group today. Our nationally recognized attorneys help clients every step of the way, from filing the initial claim to filing a lawsuit.

Schedule a free consultation today by calling (866) 233-5044 or by contacting us online. Our experienced attorneys handle ERISA long term disability insurance cases throughout the United States.