Board Certified-Social Security Disability Law
National Board of Social Security Disability Advocacy
Board Certified-Personal Injury Trial Law
Texas Board of Legal Specialization
ERISA Claim Attorney - ERISA Group Disability Claims
If you have been unfairly denied benefits that are subject to ERISA, as an ERISA claim attorney I can help you take legal action. Our firm focuses in this area of the law.
Disability Income and ERISA
The law and procedures governing the disability claims process differ depending on whether or not you claim is “pre-empted” by Federal ERISA law. ERISA stands for Employee Retirement Income and Security Act.
The distinction generally is determined by whether or not your employer has paid any part of your disability insurance premium. It is very common to have a group health and disability insurance plan through your employer.
Typically if this occurs, the insurance plan will be governed under Federal ERISA law and procedures. In contrast, if the policy is purchased privately by an individual, the policy is normally governed by state insurance law.
Understanding the Intricacies of ERISA
Claims governed under ERISA law are quite different and distinct from normal insurance claims that are governed by state insurance law. Most attorneys are not familiar with the nuances and legal traps in ERISA governed claims. It is important to seek immediate legal help from an ERISA claim attorney early in your claim.
The attorneys of Marc Whitehead & Associates are highly experienced with the complexities of Federal ERISA law. This can mean the difference between winning and losing a case.
An ERISA claim attorney will obtain your complete claim file from the insurance company pursuant to Federal ERISA statutes. Organization, review and timing are key components of ERISA claims.
Deadlines to appeal a denied ERISA disability claim are very short. In ERISA governed claims, the administrative appeal is critically important to the claimant, as this is generally the only opportunity for the claimant to submit critical evidence of disability.
An ERISA claim attorney assures that the appeal takes into account all of the medical information and records, vocational information, statements of witnesses and all other legal concerns and arguments that affect the results. In the event a lawsuit is necessary, these legal reasonings are maintained for future consideration by a court.
Hiring an ERISA Claim Attorney
ERISA attorneys who understand this law’s many implications and apply them carefully tend to be in short supply. ERISA claims are most often litigated in Federal Court, a court in which many attorneys may not excel.
Disability attorneys not specializing in ERISA claims may only be acquainted with state insurance and bad faith laws, which govern privately owned long-term disability, but not the ERISA laws for those disability claims paid for at least in part by a former employer.
Our experience with ERISA laws and our commitment to human welfare give us the upper hand against unscrupulous insurance companies. We have been winning battles against insurance denials since 1992, representing individuals who have fought their insurance companies.
From the moment the insurance company has denied your claim, it is important to seek immediate legal help.
Consult with an experienced ERISA claim attorney today to get answers to your questions or to determine appellate deadlines. Distance does not limit our ability to help you; wherever you live, we encourage you to contact our firm.