If you have long-term disability insurance through a current or former employer, your rights probably are governed by a federal law known as ERISA, which stands for the Employee Retirement Income Security Act of 1974. Complex federal regulations apply to receiving ERISA disability benefits, which often makes it difficult to get the compensation you deserve. The Law Office of Ricky Stern helps clients who have a claim for ERISA long-term disability compensation.

ERISA Long-Term Disability Benefits

While ERISA was enacted primarily to cover employer retirement plans, the federal statute also applies to disability insurance benefits provided by an employer as part of an employee benefits package. The law and complex accompanying regulations govern your rights in making an ERISA disability claim. The regulations control virtually every aspect of the plan, including how a covered individual applies for benefits and pursues a claim disputed or denied by the insurance company.

ERISA disability compensation applies to all types of long-term injuries or disabilities, regardless of whether the condition occurred on the job. You are protected no matter what causes the disability. The condition may arise because of a work accident, auto accident, or any other reason. Disability benefits cover both physical and emotional injuries and diseases. Virtually any type of condition may qualify a covered individual for the compensation, including acquired and hereditary diseases.

Although you may be entitled to ERISA disability compensation, your employer or the insurance company often makes it extremely difficult to obtain the benefits. In addition, specific timelines and deadlines apply throughout the process. If you miss taking required action, it could affect your ability to recover your ERISA benefits.

While representation by a lawyer is not required to pursue an ERISA disability claim, getting help from a lawyer is the best way to make certain that you comply with all applicable requirements and receive the full compensation you deserve. At The Law Office of Ricky Stern, your first consultation is always free of charge and without obligation, so you have no reason to wait to talk with us about your ERISA claim. We also help clients with many other types of disability claims, so if you have multiple types of claims, we can assist with those as well.

ERISA Long-Term Disability Claim Process

A covered individual must initiate a claim to receive ERISA disability benefits. The compensation is not automatic. Filing a claim requires providing detailed information about the claimant and the condition underlying the claim. Making sure the claim contains all the necessary and relevant information is extremely important, which is one reason why assistance from an attorney is crucial.

After the claim is filed, ERISA sets time limits for the insurance provider to respond to the claim. Generally, the insurer must accept or deny a claim within 45 days of filing, although the time limit may be extended by 30 days simply by notifying the claimant of the extension.

If the insurance company denies the claim, they must provide a detailed written explanation of the reasons for denial. The claimant can file an appeal within a limited amount of time, which triggers another deadline by which the insurer must respond. If the insurance company denies the appeal, the individual may file a lawsuit under ERISA. In that case, a judge decides the case after an administrative hearing.

What To Do If You Have an ERISA Disability Claim

If you have an ERISA disability compensation claim, talking with a knowledgeable attorney is the best strategy for pursuing the claim. Your lawyer can protect your rights from the very beginning of the process. That includes making sure you collect and submit all the important documentation and information about the condition that supports your compensation claim.

Getting help from an attorney also ensures that your claim complies with the complex regulations governing the process. If you attempt to navigate the process on your own, you may lose critical rights without even realizing it until it is too late.

In addition to making certain that your claim complies with the legal requirements, having legal representation enables you to concentrate on getting treatment and making your life the best it can be, without worrying about the stressful claim process. Your attorney handles all communications with the insurance company for you.

At The Law Office of Ricky Stern, we help clients with ERISA disability claims through every step of the process. The best time to talk with us is before you even file the claim. However, if you started the process yourself and ran into problems, we can still try to help get your claim back on the right track.