Our ERISA Attorneys Can Help with Your Disability Claim
ERISA – the Employee Retirement Income Security Act – is a federal law which has specific guidelines for private companies to follow if they offer their employees benefits. With an experienced ERISA attorney, you can secure the benefits you have worked for and earned. At Tucker Law Group, our disability attorneys can take on any ERISA claim across the country. Our ERISA firm is here to help at any stage of the process, from applying for ERISA benefits to appealing a denial.
What Is Considered an ERISA Plan?
ERISA-qualified plans include most benefit plans offered by a private employer. This means that working for the government or a religious institution will disqualify your benefits from ERISA’s protections. It also means that any benefits you buy on your own, or with a group outside of your employer, do not qualify either.
If you work for a private employer, then certain benefit plans that your employer offers are subject to ERISA. This will include those benefits you receive that are paid through deductions in your paycheck. It will also include benefits that your employer contributes to on your behalf.
The only plans that do not fall under ERISA’s umbrella are tax-deferred compensation plans and bonus plans.
What Does ERISA Do for Me?
If your benefits are covered by ERISA, then the federal government affords you some protections.
The Department of Labor sets out guidelines for your employer to follow when it comes to your benefits. These guidelines will include rules that your employer must follow to keep your best interests in mind. These rules concern disclosing how your benefits work and they can be accessed.
Additionally, the Pension Benefit Guaranty Corporation (PBGC) works to guarantee that employees receive their pensions. In the event that your employer mismanages your benefits, the PBGC will work to get you your due compensation.
Denied ERISA-Protected Benefits
It is extremely common for disability claims to be denied. Insurance companies work extremely hard to avoid paying out compensation that employees are likely owed.
However, seeking the counsel of an experienced ERISA disability attorney may improve your odds and protect your rights. This is because a disability attorney will be able to catch whether your insurance company is not complying with its own benefit policies. They will also be able to determine what documentation your application or appeal will require in order to succeed.
If you receive a denial, then you will have a short window of time to appeal this decision. Because ERISA guarantees that policy holders receive their benefits in a timely manner, you will want to work quickly to comply with all rules. This pre-lawsuit appeal is mandatory. If it is not handled properly by an ERISA specialist, you claim may be damaged forever.
Filing a lawsuit may be a last resort if your appeal is denied. For ERISA benefits, this lawsuit will be heard and decided by the court directly. You will not get to testify or submit additional evidence of your claim, and a jury will not hear witnesses. If the court rules in your favor, you will receive your past-due benefits, and possibly for your attorney fees.
ERISA Long-Term Disability Lawyers Can Help Secure Your Benefits
Applying for your long-term disability benefits may feel like an uphill battle. This is because disability policies are complex and have many hoops for you to jump through.
Filing your disability claim also requires that you present the medical and vocational information relevant to your claim and policy. This information may be hard to acquire. It may also be time-consuming.
However, long-term disability is covered by ERISA as a welfare benefit. This means that certain ERISA protections may be on your side.
One of our experienced ERISA disability lawyers will be able to guide you through this process. At our ERISA law firm, we will look over and explain your unique benefit plan and how your claim may qualify. We will also help you compile the relevant information needed for making a solid case for your disability claim.
In the event that you are denied, you will only have 180 days to file an appeal for your long-term disability claim. If you do not submit this appeal on time or it is not complete, you may be barred from ever collecting benefits. We can help you in this appeals process. This may include compiling supplementary medical reports and vocational evaluations.
The Disability Lawyers at Our ERISA Law Firm Can Help
While ERISA serves to protect workers, it is also at the same time difficult to navigate. This is because the law is complex and insurance policies differ. It is also because insurance companies, more often than not, are actively working against you. Your best shot of succeeding with your disability claim requires seeking legal help.
At Tucker Law Group, our ERISA lawyers have the experience and knowledge you need for winning your case. We can step in at any stage of your claim’s process. Since ERISA is a federal law, we also take clients from all over the country. To find out more about ERISA, contact us online or by phone at (866) 233-5044.