• 10 Reasons ERISA is an Unfair Law for Disability Insurance Claimants (Ep. 15)10 Reasons ERISA is an Unfair Law for Disability Insurance Claimants (Ep. 15)

Why is ERISA an unfair law for disability insurance claimants?

ERISA stands for the Employer Retirement Income Security Act and it was a Federal law that was passed in the early 1970s which was supposed to make it more affordable for employers to be able to offer long term disability coverage as well as health insurance for employees.

In reality in my personal opinion, what happened is that, a lot of individuals, while they got a low price for this type of coverage, they actually get somewhat screwed in the end with the administrative process. I personally feel that ERISA is an unfair law, it is a pro-insurance company law and it really puts insured’s backs against the wall the time comes to file a claim.

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Comments (4)

  • Sam, if you are still covered under the policies you would legally have rights to apply. Do you have a disabling condition? If so, do you have a doctor that will support you being able to perform the duties of your occupation? The obvious obstacle will be the insurance carrier’s argument that you are only filing for disability due to being laid off, but knowing that means you can prepare for those arguments. If you have a copy of your policy please feel free to contact our office to discuss.

    Stephen Jessup May 10, 2016  #4

  • Worked for this large corporation in a highly technical position. They do not have enough work and they are terminating me in one month but since I have PTO I will be on payrol until mid August. I have paid short term and supplementary disability insurance for my entire employment. Is it too late I claim disability?

    Sam May 8, 2016  #3

  • Frank,

    You should look into LTD coverage, but you have a lot of potential setoffs and waiting two years to file a claim is problematic. Also if you are receiving unemployment, then it makes it very hard to get approved for disability insurance.

    Gregory Dell Mar 22, 2013  #2

  • I’m 50 year old, have been out on workers’ comp. for the passed 2 years. I worked for this company for 30 years; went to my employer about my disability insurance through them and spoke to a HR employee that stated that I didn’t qualify for the disability insurance, with no letter in writing or any reasoning. This policy was a policy that my employer had purchased in 2010. I have filed for SSI and I’m waiting for this. Also I have been told that I need to look for work. I have been a labor foreman for my life and in the union to about 15 years, I have not graduated from high school and a ninth grade education and have done this work my whole life. I’m in the union, there is no light duty, and my company will not take me back because no light duty. I’m at a loss for what I should do. I also get unemployment when not in surgery, I have had neck surgery, total shoulder replacement and now going to have more surgery on carpel tunnel and trying to find problem that still exists, with other problems now with my health. Is this ERISA something that I should be perusing? I am going to get the employer to send a letter in writing for the denial, also we did request this just a year ago. Would this be in my best interest to look into? Now I’m looking at no retirement acct. through my employer and I am only bringing in half the money I did, union retired benefits. It will not be what I had hoped and worked so hard in trying to make. What should I do in your opinion?

    Frank Thomas Mar 21, 2013  #1

FAQ

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.

Dell & Schaefer Client Reviews   *****

Garth M.

I was getting nowhere trying to acquire the Short and Long Term Disability payments I was owed until Rachel Alters of Dell & Schaefer agreed to take the case. As is unfortunately too often the case, the insurance company used delay after delay and an initial denial even though I was clearly disabled until this law firm made them see the light. Do to the time value of money, it is impossible to ever get made whole again when insurance companies do this but without the assistance of Rachel and this law firm I have no doubt that I would still be fighting with the insurance company instead of finally receiving my benefits. Thank you Rachel!

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