Episode 15 10 reasons ERISA is an unfair law for disability insurance claimants
Nationwide Disability Insurance Attorneys Gregory Dell and Stephen Jessup discuss the numerous reasons that ERISA is an unfair law that can negatively impact the thousands of people that file disability insurance claims each year.
If your disability insurance coverage was obtained from your employer, then it is likely that your claim will be governed by ERISA.
While there are numerous reasons that ERISA is unfair the most damaging are:
- The pro-insurance company standard of review (“discretionary clause”);
- No jury trials permitted;
- Very limited discovery on issues of conflict only;
- No claims for bad faith or punitive damages due to insurance companies wrongful and sometimes intentional conduct;
- Mandatory administrative review process is biased and causes significant delays.
In the video we discuss how disability insurance companies hide behind the wall of ERISA in support of their wrongful claim denials.
We would love for you to share your comments about ERISA and the actions of the disability insurance companies.
Please note: Disability insurance attorney Gregory Michael Dell created Disability Insurance Law TV in order to educate long term disability claimants about common issues related to long term disability insurance claims. New episodes are filmed on regular basis. Our disability videos are for informational purposes only and they are not legal advice.