An experienced Kentucky ERISA disability lawyer can explain why disability insurance and other forms of insurance that are provided through your employer or union fall under a federal law known as The Employee Retirement Income Security Act of 1974, or ERISA.
Like many other employee benefits, ERISA disability law is designed to protect employees who have paid for or been promised these benefits through their employer. These benefits include:
Accidental death, dismemberment or disability insurance
Vision and dental insurance
Long-term care insurance
Call us, or request a free claim evaluation today. We are here to help.
Frequently Asked Questions on ERISA Disability
What should I do before I file an ERISA disability claim?
If you are considering filing an ERISA disability claim or if you have already applied but your ERISA disability claim has been denied, the best thing to do is speak to our experienced Kentucky ERISA disability lawyer. Our experienced ERISA disability attorneys can help you with your case and ensure that the insurance company does not play games with you. It is a good idea to get an experienced ERISA disability lawyer involved early in your case. Our ERISA disability lawyers will not charge you anything upfront to help you, so there is no reason to delay seeking their advice.
If you have been denied ERISA benefits, it’s important to understand that ERISA rules are different from regular insurance and court rules. One of the special rules about ERISA cases is that the person applying for benefits must get all the information in to support his or her case before the insurance company of the plan makes a final decision. Otherwise, that information will not be considered by a court later, if the claim is denied. Also, the rules in ERISA cases usually give the insurance company or decision-maker the benefit of the doubt in court, so that knowing what information to submit is crucial to successfully obtaining ERISA benefits.
What should I expect after filing an ERISA disability appeal?
Insurance companies are required by ERISA regulations to establish and maintain a procedure for appealing a claim after it has been denied. Your plan should tell you how many appeals must be filed before you may file a lawsuit, but the insurance company cannot require more than two. Each appeal should be handled by a different person from the insurance company to ensure a full and fair review of your appeal. It is extremely important to submit the complete documentation supporting your case during the ERISA disability appeal process. Only the documentation submitted during the appeal becomes part of what is known as the “administrative record.”
What happens if my ERISA disability appeal is denied?
If your ERISA disability appeal is denied, then a lawsuit may be filed. ERISA trials are decided only by a judge. There are no jury trials for ERISA claim denial cases. The judge, in most cases will only review the administrative record, and no witness testimony is heard at the trial. That is why it is so important to get everything necessary to prove your case in during the ERISA appeal process.
Our experienced ERISA disability lawyers can help you during every phase of the ERISA claim and appeal process. We can ensure that all vital information is submitted and that all of the filing deadlines are met on time. We will fight to protect your rights, and we will work hard to get you the benefits you deserve.
Call us, or request a free claim evaluation today.