The first question that many people have when they come to DarrasLaw is: “What is ERISA?” The Employee Retirement Income Security Act of 1974, or ERISA, is a federal law that governs employee benefits. While ERISA addresses all benefits, including retirement accounts, the focus of DarrasLaw is ERISA long-term disability and life benefits. Call our ERISA Disability Attorneys to learn more today.
Do You Have an ERISA Disability Plan?
If you have group disability insurance from your employer, union, or employee group, it is typically governed by ERISA. If you purchased disability insurance on your own, it is not generally subject to ERISA law, but our lawyers are still able to assist with your case.
At DarrasLaw, our insurance lawyers offer free consultations and information about all stages of ERISA and individual disability insurance claims.
Do you simply want to learn more about your group disability or life policy and what you are entitled to? Have you only recently become disabled and need help filing a claim? Has the insurance company already run you over and denied your claim? Let our nationally recognized attorneys extend a helping hand.
How An Attorney Can Help With Your ERISA Disability Insurance
You and/or your employer pay premiums for your disability insurance. In exchange, you deserve monthly disability insurance benefits if you become ill or injured and can’t work. Unfortunately, filing a claim for disability benefits doesn’t always go smoothly. All too often, the insurance company will find one reason or another to deny your legitimate disability claim.
If you’re not in good health, you’re probably not in any shape to take on an insurance company. That’s where DarrasLaw comes in.
Our experienced and expertly trained attorneys can help you, no matter where you are in the disability claims process:
- You just started a new job and need help to understand your individual or group ERISA disability benefits and coverage.
- An illness or injury prevents you from performing your job duties and you need to file an individual or group ERISA disability claim.
- Your individual or group ERISA disability claim was denied, and you want to know if you should or must timely appeal.
Don’t let the insurance company bully you or give you the runaround.
Why Your Human Resources Department Is Not A Replacement For An ERISA Disability Attorney
Remember, if your employer offers your disability insurance, your first instinct might be to consult with the HR department if you have any questions about your policy. Unfortunately, your HR representative may not know much more than you do.
They may be able to answer basic questions about how the policy works. But if you have a specific or detailed question, they’ll probably give you a photocopy of your policy and tell you to contact the insurance company directly. They don’t have expertise in ERISA disability group insurance law.
Furthermore, if you’re dealing with a denied disability claim, there isn’t much, if anything, that your employer can do on your behalf. Don’t waste your time talking to the wrong people. At DarrasLaw, we live and breathe disability insurance law. Our seasoned and award-winning attorneys will give you the answers you need and help you take action.
Filing Your ERISA Disability Insurance Claim
If you suffer a disabling injury or illness that prevents you from performing your occupational duties, you might rest easier knowing that you have an employer-sponsored disability insurance plan. However, the process of applying for and receiving benefits under that group plan might be significantly more challenging than you would imagine.
Many people are not familiar with the ERISA insurance process, and they do not realize how many tactics insurance companies use against policyholders. These companies are trying to reduce or avoid payments on claims whenever possible, which means that many claimants experience unnecessary delays or denials. This can be devastating when you already lost your ability to earn a living due to your disability.
You can make numerous common mistakes when applying for disability benefits on your own, such as:
- Assuming your employer’s opinion that you cannot perform your occupation is enough evidence to convince the insurance company
- Only seeking advice and policy interpretations from the human resources department of your employer instead of a disability attorney
- Failing to provide supplemental, medical, vocational and financial records and explanations to support your claim
- Engaging in activities that your medical professionals warned you not to participate in or are in consistent with your restrictions
- Using the insurance company’s attorney to file for SSDI
Instead of fighting with the insurance company on your own, consider how a national ERISA law firm can help. You can try to search “ERISA attorney near me” online, but this can only confuse the situation with millions of results. To save yourself time and energy, look no further than our top disability lawyers at DarrasLaw, who handle individual and group disability insurance claims nationwide.
We can help with every stage of the disability claim process, including:
- Arranging the proper medical examinations
- Gathering all evidence of your disability, including medical records and analysis by occupational experts
- Preparing and filing your claim
- Handling all communications and negotiations with the insurance company
- Providing advice on what you should or should not do to help your claim
- Hiring vocational and financial experts where necessary
Another common mistake is using an attorney who does not have specific experience handling ERISA claims. ERISA is a complex law, and you always want a law firm that regularly and successfully handles these types of disability claims.
Appealing an ERISA Disability Claim Denial
Even if you believe you did everything right in applying for disability benefits under your group ERISA policy, you might still find yourself with a denial letter in your hand. This is definitely the time to skip searching for “ERISA lawyer near me” and contact DarrasLaw directly. With your future financial security at stake, you only want a top respected ERISA disability attorney handling your appeal.
We have successfully appealed many thousands of ERISA claims for disability benefits that the insurance companies denied for a variety of reasons. We review your claim file and determine:
- The reasons for the denial and whether they are valid
- Any additional evidence or information that can help your claim
- The timeline you have for the timely appeal under ERISA
If an insurance company continues to refuse to pay a valid claim, we can escalate the matter to court when needed.
Your Rights Under ERISA Law
ERISA law provides you with rights and insurance companies with obligations. Unfortunately, that does not stop insurance companies from doing everything they can to keep your disability benefits in their pockets instead of using them to pay claims.
With more than 100 years of insurance claim and successful litigation experience on our side, we know the tactics that insurance companies use to deny claims. Some are new. Some tried and true denial strategies have been used for decades. Some insurance companies hide behind the small print. Some mysteriously lose documentation and ask policyholders to resend again and again. Some give the runaround any way they can in the hope that you will get worn out and give up. We encourage you not to. Contact us instead.
Our knowledge of the Employee Retirement Income Security Act of 1974 means that we know how to protect your rights and hold insurance companies to their obligations.
Our attorneys and staff are dedicated, compassionate, and results-driven. This is reflected in what we accomplish for our clients, each and every day. Take a look at our testimonials, Avvo reviews, and Google reviews to see what our past clients have to say.
Attorney Frank N. Darras and his firms have recovered almost $1 billion in wrongfully denied insurance benefits. The insurance companies know who we are and what we stand for. Our reputation and hard work have helped clients from coast to coast win difficult and often complex cases.
Many law firms take on disability insurance cases, but not all do it exclusively. At DarrasLaw, our practice is entirely devoted to helping clients pursue justice against disability insurance companies. If that means going to court, we’re prepared to do so. Frank N. Darras has been honored as one of the “Top 100 Trial Lawyers” by The National Trial Lawyers for a reason.
We are a nationwide firm that has resources other firms may not. That allows us to take on all disability insurance companies, including big names like Aetna, Hartford, and Prudential. Our attorneys review more than 2,500 new disability insurance claims every month–we’re ready to help you.
Review: 5/5 – ★ ★ ★ ★ ★
“I would like to take this opportunity to thank you for your professionalism and prompt way of handling my case. It is very hard these days to find a law firm that cares as much about its clients as you have shown me. I definitely recommend your services To anyone who has legal insurance needs in the future. Your services have far exceeded my expectations in every way. Again, thank you for all you have done for me.”
Free Consultations – National Long-Term Disability Lawyers
Call us at 800-458-4577 or send us an email. Our ERISA long-term disability attorneys offer free consultations no matter how challenging your case may seem.