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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:

  1. The pro-insurance company standard of review (“discretionary clause”);
  2. No jury trials permitted;
  3. Very limited discovery on issues of conflict only;
  4. No claims for bad faith or punitive damages due to insurance companies wrongful and sometimes intentional conduct;
  5. 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.

There are 2 opinions so far. Add your comment below.

John King:

What is a reasonable amount of time for an assessment to be made? My brother had a fall at work most likely due from an existing arthritic knee condition mid May 2013. He fell straight down landing on his behind. He did not feel any injury at the time. He returned to work a day or two later only to have the supervisors send him home not allowing him to return to work. So he files at work for temporary disability. In the meantime he slowly started to have symptoms having nothing to do with arthritis and was recommended to see a neurologist for examination. By this time July – August he can’t even walk and has to use a wheelchair. After MRIs, CT scan and x-rays it has been found by this Neurosurgeon specialist that he needs an operation on the cervical replacing two bones with plastic ones. It is now Sept. and he hasn’t received the first weekly disability check yet! Needless to say the surgeon recommended that he go from temp to permanent disability. He has gave the company info and doctors reports and whatever. So how long and what other information could they possibly need? I pray they do video surveillance and see first hand just how disabled he really is.

Attorney Stephen Jessup:


That seems like a ridiculously long amount of time to render a decision. By this point a denial or approval should have most likely been rendered. Please feel free to contact our office if you would like to discuss your brother’s claim further.

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