What Is ERISA?
Often, individuals who qualify for Social Security disability qualify for other benefits as well. Under the Employee Retirement Income Security Act of 1974 (ERISA), qualified employees can receive long term disability benefits.
ERISA is a federal statute that is administered by the US Department of Labor. ERISA applies only to private employers that offer employer-sponsored health insurance plans to their employees. If you have an insurance disability policy that is part of a benefits package that you received from your employer, then your policy is regulated by ERISA.
Why You Need an Attorney
If your application for Social Security disability benefits is denied, you are given the opportunity to appeal the decision. If you are again denied, you will be given the opportunity to present your case at a trial where a decision will be made regarding your disability claim. This is not the case for individuals applying for disability benefits under ERISA.
When you apply for disability benefits under ERISA, you will not be given an opportunity to defend your case at trial. If the insurance company denies your long term disability benefits, your case will be reviewed in federal court. The federal court judge will review the decision made by the insurance company and make a decision as to whether that decision was appropriate under the law.
It is imperative that you consult with an attorney prior to applying for disability benefits from your insurance company. Insurance companies often try to withhold benefits from deserving individuals for arbitrary reasons. Our experienced Cleveland Social Security disability lawyers have experience working with insurance companies and know how to fight to get you the benefits that you deserve.
If you are considering applying for long term disability benefits, contact our office to represent you in your claim. The sooner you hire an attorney, the higher your chances of success. If your case is not handled properly from the outset, then it is possible that you will lose benefits that you deserve.
If you are seeking to collect long term disability benefits, contact our office to speak with one of our experienced Cleveland Social Security disability lawyers. Your initial consultation is free and we won’t get paid unless you win. Call Kordic & Braun at 1-800-621-0899 to get started on your case today.