We do not handle social security disability claims
Over $250 Million Recovered for Our Clients

The federal Employee Retirement Income Security Act of 1974 (ERISA) provides regulations over disability insurance plans offered to workers of private employers as part of a worker benefit package. If a person decided to purchase disability insurance privately on their own, ERISA would not cover that plan. ERISA covers how the worker can claim benefits under their disability insurance plan. Employers must, under ERISA, give workers precise information of what the disability insurance plan covers, and what is not covered. Employers must also make it known to workers how a worker can file a claim if they suffer a disability. Finally, per ERISA, employers must let workers know what they have to do to appeal a denied claim. If a worker files a claim with their disability insurance provider, there are timelines that affect how long the insurer has to either approve or deny the claim. If denied, ERISA mandates that the insurer gives the policyholder the reason for the denial in writing. A policyholder can appeal a denied claim, and if that appeal is still denied, then ERISA allows the policyholder to pursue legal action. In essence this consists of an administrative hearing. The judge at this hearing will make a decision based on the previously established record. In short, while it is meant to protect workers, ERISA regulations are complex, and if a person pursuing a claim fails to meet ERISA requirements they may lose their right to appeal a denied claim. Therefore, those who want to file a claim with their disability insurance or who want to appeal a denied claim may want to do so with the assistance of an attorney who understands ERISA requirements. Source: FindLaw, “ERISA and Disability Benefits,” accessed Nov. 12, 2017

Justin C Frankel

Written By Justin Frankel

Attorney

Justin C. Frankel is committed to fighting for the rights of clients when their long term disability insurance claims have been denied, delayed or terminated.


Client Testimonials

Rating stars 5.0 Average on Martindale & AVVO
  • We know how important our work is to the people we represent, and we’re pleased to share this recent note from a client. Dear Justin and Christina, I wanted to take a moment to express my sincere g…
  • Our 60-year-old client worked for the world’s largest out-of-home advertising company as a Senior Buyer and outdoor furniture supplier, doing everything necessary to manage a contract for twenty ye…
  • Successful ERISA Appeal of Cigna Denial for High-Ranking Aviation Executive from Florida A 61-year old woman with a prestigious role at a leading aviation company never imagined she would stop work…
  • ERISA Case Headed to Trial in Federal Court – Barber v. Sun Life & Health A Federal Judge in Connecticut has scheduled a trial with live witnesses in an ERISA case, to be decided under the arbi…
  • F&N Resolves a Four Year Delay in UNUM Lump Sum Settlement Matter We were contacted by a 56 year-old man from Maryland who had been trying to negotiate a lump sum settlement of his private disa…
  • Our client, a successful New York dentist, was on claim for a number of years with Trustmark Insurance, due to severe orthopedic issues, which did not permit him to safely and effectively practice …
  • “OK, now that I have had a chance to calmly review the documents, I just wanted to thank you for all of your help. I am certain that if I would have tried to do this myself, I would not have had th…
  • The Law Office of Justin Frankel Navigates Complex Issues, From Claim Preparation to Lifetime Management, for Chiropractor A New York chiropractor in his mid-50s was concerned about complex issues …