The Employee Retirement Income Security Act of 1974 (ERISA) is a notoriously complex federal law that governs the short and long term disability claims process for most employer-sponsored group disability plans. If you or a loved one has a short-term disability or a long term disability, and you are covered by an ERISA plan, you may be entitled to benefits. The insurance companies that fund and/or administer disability benefits claims can make obtaining your benefits a real challenge. In far too many cases, valid short-term disability claims and/or long term disability claims are wrongly rejected. At The Garner Firm, compassionate Philadelphia long term disability attorney Adam H. Garner is an experienced disability benefits attorney and advocate for employee benefits and employee rights. If your short-term disability or long term disability claim was denied, Mr. Garner is ready to help you recover the compensation that you are owed.
Understanding the Basics of the Short-Term Disability and Long Term Disability Claims Process
What Does ERISA Do? If you are filing a short-term disability or a long term disability claim for an ERISA-regulated group benefits plan, there are several important things that you need to know about the claims process. First and foremost, you should be aware of the fact that ERISA is designed to do two important things:
- Establish minimum requirements for employer-sponsored plans; and
- Standardize the claims and appeals processes.
Insurance Companies Know How to Work ERISA to Their Benefit While ERISA was originally crafted to protect beneficiaries (employees), employers and their disability insurance companies have found ways to tilt the process in their favor. As such, you need to be ready to fight for your short-term disability and long term disability benefits. Three Things You Need to Know As a short-term disability or long term disability claimant, there are three extremely important things that you need to know about claims process.
- If your short-term disability or long term disability claim is rejected, you only have 180 days to appeal the decision;
- You will be required to go through the entire internal appeals process before you can file a short-term disability or long term disability lawsuit; and
- If you do file a short-term disability or long term disability lawsuit, the court may, depending on the terms of the disability plan document and jurisdiction, be restricted to examining the evidence that you submitted to the insurance company during your appeal.
Get Help With Your Short-Term Disability or Long Term Disability Claim Today
If your short-term disability claim or long term disability claim was denied, our experienced ERISA lawyer Adam H. Garner will fight to protect your rights and financial interests. The Garner Firm, is Philadelphia’s employee benefits firm. We fight aggressively to hold employers and big insurance companies accountable, so that our clients can obtain every dollar that they rightfully deserve. For a free review of your case, please call us today at (215) 645-5955 or contact us through our website.