Many employers purchase group long-term disability insurance policies on behalf of their employees. Employees who sign up are guaranteed certain basic benefits. Unlike an individual policy, a group of federal laws known as the Employee Retirement Income Security Act (ERISA) of 1974 governs these benefits. These cases are administrative. A Judge, not a jury, decides your case based on the administrative record.
Long-term disability insurance policies governed by ERISA require considerable knowledge of federal law, rules and procedure to understand. It is not unusual for insurers or plan administrators to deny disability insurance benefits. The good news is that it may not be as difficult as you think to demonstrate an inability to perform your occupation. Depending on the duties of your job and the nature of your injury or illness that prevents you from working, sound medical documentation and expert medical opinion can be powerful weapons against a biased insurance provider.
Understanding your rights under ERISA often requires a close read of your disability insurance policy, the plan documentation, as well as a deep background in medical terminology. For this reason, many attorneys forego cases such as these altogether and focus on simpler areas of the law. Claudeth Henry holds a Bachelor’s degree in nursing and is an experienced, aggressive lawyer who can help apply federal laws like these with her medical knowledge with passion and energy.
ERISA lawyers who understand this law’s many implications and apply them carefully tend to be in short supply. Perhaps it is the nature of complex federal laws, but ERISA disability insurance attorneys such as these are growing rarer every day. Thankfully, at CJ Henry Law Firm, PLLC an experienced ERISA Disability Insurance Lawyer is only a phone call away.
If your ERISA long-term disability insurance claim has been denied or existing benefits have been terminated, you have a limited time for filing an appeal. A timely appeal may not only mean overturning the decision, but may also preserve your right to sue at a later date. The Ocala Florida ERISA disability law firm, CJ Henry Law Firm, PLLC will file your appeal taking into account all the necessary medical information, vocational information, medical records, statements of witnesses and other legal arguments and issues in accordance with required procedures. Doing this within the usually allotted time period is imperative, and can save you from losing a case no matter how sick and/or disabled you may be.