ERISA Disability Claims & Denial of Benefits
In 1974, the US Congress passed the Employee Retirement Income Security Act (ERISA) in order to protect employee pensions, investments, and benefits. Originally conceived with protecting employee workplace rights, it has mushroomed into a much more complex law that at the end of the day favors employers more than employees. Navigating ERISA benefits claims and denial of benefits requires the help of an experienced workplace injury and benefits lawyer who understands ERISA and has the knowledge and depth of experience with ERISA cases and their appeals.
ERISA Disability Eligibility
To qualify for disability benefits under ERISA, the worker’s injury must prevent him or her from working their normal job for a specified period of time, typically two years. Further rules established by your employer or their insurance underwriter may sometimes allow you to obtain partial ERISA benefits while working in another job position. Consult your insurance policy for details on specific qualifications for long term disability under your insurance plan.
Denial of ERISA Claims
It will come as no surprise to anyone that many ERISA claims are wrongfully denied. With only one appeal being typically allowed, it is crucial that you have the experience, guidance and help of an experienced workplace injury law firm with deep experience in the ERISA long term disability claims process.
Workplace Injury & Disability Benefits
There are a host of differences between long term disability benefits under ERISA, workplace injury, and workers compensation claims. It is crucial that you work with a law firm that understands these differences and has experience handling ERISA claims, denials, and appeals.
The personal injury attorneys at McMahon, Kublick & Smith PC in Syracuse, New York are available to provide you with a free case evaluation and consultation. Please keep in mind that there are very specific time deadlines with respect to ERISA long term disability claims, so the sooner you act the better. Please contact us at 315-424-1105 to schedule your free initial consultation and discuss your case with one of our attorneys.