The Employee Retirement Income Security Act (ERISA) is a mangled and corrupt federal law that strips insureds of their rights when trying to obtain their Long-Term Disability (LTD) insurance benefits. Under ERISA, insureds must first exhaust their administrative remedies before they can bring a law suit and when they do get to file suit, they do not have the right to conduct discovery, have the issue tried before a jury, and the law does not even allow the insured to prove that they are disabled. Issues such as this can cause numerous difficulties for an insured trying to get their LTD benefits in a policy that is ERISA preempted.
Our firm can help guide clients through this confusing and backward system; if the claim has been denied we can use our contacts to negotiate a resolution for the client that could avoid the need to file a written appeal. If necessary, we can even write the appeal on behalf of the client. Many clients do not realize that the appeal is their last chance to include any new information in their file before it is closed. This means that the appeal must be detailed, complete, and persuasive because no new information can be presented, even if the case goes to court. We also represent clients in the final stage of their ERISA claims fight; the administrative hearing before a judge. Make no mistake, ERISA has tipped the balance in favor of the insurance companies and without an experienced and zealous advocate on the claimant’s side, they stand little chance of prevailing.