If your disability insurance policy was provided by a private employer, your policy and any claim filed thereunder is likely governed by a federal law called ERISA.
If you have found yourself in the unfortunate position of having to apply for disability benefits under your ERISA governed policy, you might encounter a complicated and frustrating process when trying to obtain benefits. Not surprisingly, disability insurance claims are often denied for a variety of reasons, not all of which are valid or reasonable. So, what should you do when your insurance company denies your claim for short term or long-term disability benefits?
The Employee Retirement Income and Security Act (“ERISA”) was originally enacted to protect employees covered under employee welfare benefit plans. This includes employees that file for disability insurance benefits under their employer sponsored insurance policies. ERISA also requires the plan administrator to provide a uniform process for appealing the denial of claims.
This means that insurance companies who provide disability insurance through private employers must adhere to the rules and procedures set forth by ERISA in administering insurance plans.
If you are unable to work and are relying on income from your disability benefits to pay the bills, it is essential that you consult with a disability insurance lawyer who can protect your rights and who can give you the best chance at obtaining a result that will enable you to continue to provide for yourself and your family.
Victor Peña Law specializes in disability claims and ERISA appeals. We will bring in our own medical and vocational experts to review your medical and work history and help ensure that you present the best evidence for your appeal. In the event that your appeal is denied, we will file suit against the insurance company and demand that the decision to deny your appeal be overturned.
For a free consultation, call Victor Peña Law at 954-515-5504 or contact us online to receive a call the same day.