Just How Dangerous is ERISA?
When our nation was founded, one of the most cherished rights men and women died for was the right to a jury trial. The 7th Amendment is an important part of our nation’s character and it is what gives consumers real rights when battling large corporations. The right to pursue justice in front of a jury of your peers is a foundational part of our government, and yet corporations have throughout history attempted to rob consumers of this right.
ERISA (Employee Retirement Income Security Act) is an area of healthcare that’s often quite obscure, but has a massive impact on our nation’s healthcare. While there are many facets to ERISA law, the area that impacts consumers most is that if you get your insurance through a job in the private sector (meaning not a government job, clergy, school or non-profit) then you do not have a right to a jury trial should your claim be denied and you file suit.
Let’s say, you work in an office and get your health benefits through your employer. If you get cancer and your doctor prescribes a treatment that your health insurance carrier refuses to pay for, you cannot sue that health insurance company in court and have a trial by jury. If you were a member of the clergy, if you worked for a government agency, or if you got your insurance independent of your job (through the ACA marketplace for example) then you would keep your 7th Amendment right to a trial by jury.
ERISA is rarely discussed, but it is what keeps the average American from having true access to justice should his/her health insurer refuse coverage. People dying of cancer, children who need life-saving operations, senior citizens who are prescribed medications have less legal protections than someone who works for the state or the federal government. Few, if any, laws illustrate this outrageous double standard where a majority of Americans are punished for working and getting their insurance in the private sector.
In California alone, there are tens of millions of people who get their insurance through private employers, and their basic Constitutional rights are trampled by a law passed quietly 46 years ago. Frank Darras, the founding partner at DarrasLaw, is uniquely capable of handling these types of cases and helping those in need of obtaining the justice they deserve.
Anyone seeking relief for wrongfully denied group long-term disability insurance benefits needs to find an attorney who possesses an in-depth understanding of ERISA, how it applies in their specific jurisdiction or state, and how to get insurance companies to pay what they owe. Few attorneys have this experience because there are numerous hurdles, roadblocks and serious challenges in litigating these cases.
Contact an Experienced Group ERISA Lawyer at DarrasLaw for Help.
The award-winning individual long-term disability attorneys and stellar group of ERISA lawyers at DarrasLaw know how to handle these insurance claims and skillfully navigate the disability claim process. Our seasoned disability lawyers and ERISA attorneys know what insurance companies are looking for and can suggest how to proceed with your claim. Furthermore, our long-term disability attorneys understand disabling conditions and can help you and your treating doctors present the proper medical, financial, and occupational evidence to your disability carrier so you get paid.
You don’t have to go through the claim application process alone. To schedule a completely free policy analysis and free claim consultation with one of DarrasLaw’s nationally renowned disability insurance attorneys, call us at (866) 270-3871 or contact us online.