ERISA
What is ERISA?
ERISA is the common name for a federal law called the Employee Retirement Income Security Act of 1974. This law was designed to unify various and diverse laws related to the field of employee benefits. This law impacts almost every type of employee benefit offered in an employer “plan”. This includes pensions, life insurance benefits, disability insurance benefits and health insurance benefits.
To an employee who is seeking to enforce a benefit offered through an employers plan the impact of ERISA cannot be understated. Traditional state based remedies for breach of contract, bad faith and fraud are typically swept away in the ERISA context and replaced by a federal cause of action and federal remedies.
Knowing and understanding ERISA is the first and most important step in prevailing on any employer based claim for disability insurance benefits. It is absolutely essential that you have a knowledgeable advocate representing your best interests throughout the ERISA process.
DENIAL OF DISABILITY INSURANCE BENEFITS
A disability insurance policy, either private or provided as an employee benefit is a tremendous safety net for individuals who may become disabled. However, our experience is that most applications for benefits are being summarily denied by the insurance carriers. We are skilled at fighting the Insurance Companies for your disability benefits. These actions are governed by ERISA, and unfortunately, the Act gives the Insurance carries many protections. Nevertheless, we will not let our client’s rights be trampled upon. Call ANTHONY S. PINNIE for more information if you should have such a claim.