• 10 Reasons ERISA is an Unfair Law for Disability Insurance Claimants (Ep. 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.

Comments (2)

  • John,

    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.

    Stephen Jessup Sep 15, 2013  #2

  • 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.

    John King Sep 14, 2013  #1

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Questions About Hiring Us

Do you work in my state?

Yes. We are a national disability insurance law firm that is available to represent you regardless of where you live in the United States. We have partner lawyers in every state and we have filed lawsuits in most federal courts nationwide. Our disability lawyers represent disability claimants at all stages of a claim for disability insurance benefits. There is nothing that our lawyers have not seen in the disability insurance world.

What are your fees?

Since we represent disability insurance claimants at different stages of a disability insurance claim we offer a variety of different fee options. We understand that claimants living on disability insurance benefits have a limited source of income; therefore we always try to work with the claimant to make our attorney fees as affordable as possible.

The three available fee options are a contingency fee agreement (no attorney fee or cost unless we make a recovery), hourly fee or fixed flat rate.

In every case we provide each client with a written fee agreement detailing the terms and conditions. We always offer a free initial phone consultation and we appreciate the opportunity to work with you in obtaining payment of your disability insurance benefits.

Do I have to come to your office to work with your law firm?

No. For purposes of efficiency and to reduce expenses for our clients we have found that 99% of our clients prefer to communicate via telephone, e-mail, fax, GoToMeeting.com sessions, or Skype. If you prefer an initial in-person meeting please let us know. A disability company will never require you to come to their office and similarly we are set up so that we handle your entire claim without the need for you to come to our office.

How can I contact you?

When you call us during normal business hours you will immediately speak with a disability attorney. We can be reached at 800-682-8331 or by email. Lawyer and staff must return all client calls same day. Client emails are usually replied to within the same business day and seem to be the preferred and most efficient method of communication for most clients.

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They handled the case very carefully finding the proper way to challenge the disability company that they are/were in the wrong and must pay me for monies owed to me as a disabled individual.

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