If you have been denied long-term disability insurance benefits, you need to find out as soon as possible if your policy is governed by ERISA.
ERISA a complex area of federal law that stands for the "Employee Retirement Income Security Act." ERISA was enacted to protect private health and pension plans, and it also applies to many employer-sponsored group long-term disability plans. ERISA describes how these plans must process disability claims, and how they must handle appeals of claim denials.
Few Attorneys Handle ERISA Claims
If you ask an attorney to review your disability denial or appeal, one of the first things he or she should want to know is whether your claim and appeal are governed by ERISA. Most attorneys (if they know about ERISA) will not want touch a claim or appeal that is governed by ERISA because of its complex rules and procedures.
If you obtained your long term disability policy through an employer-sponsored group plan, it is likely an ERISA long-term disability policy. If so, it is absolutely critical that you consult with and hire an attorney experienced in handling ERISA long-term disability appeals and litigation as soon as possible. There are strict and short deadlines that apply to these cases, and the failure to follow the precise rules and procedures governing them can foreclose your right to assert the necessary arguments and evidence to win.
A claim and appeal arising from a non-ERISA disability policy will be handled in a completely different manner than those governed by ERISA. So, it is critical that your attorney know what do to with an ERISA policy.
Call Our ERISA-Trained Long-Term Disability Attorney
Our Kansas City long-term disability attorney will review your denial letter for FREE, and there is no obligation to hire our firm. We help individuals know their rights and can answer questions and provide guidance on next steps. Most importantly, we are trained in handling claims governed by ERISA and understand how important it is to handle these claims and appeals correctly from the outset.
If you have questions about long-term disability appeal, call our Kansas City long-term disability law firm today at 816-203-0143, or fill out the form below.