What is ERISA?

If you purchased your long-term disability policy through your employer or received your long-term disability coverage as an employee benefit, then your disability policy is almost always subject to the restrictive ERISA regulations.

The Employee Retirement Income Security Act of 1974, also known as “ERISA”, is a federal law that sets the minimum standards for pension plans and disability insurance plans in the private industry. ERISA was initially created to protect the rights of individuals; however it’s pro- insurance company regulations have increased the profits of insurance companies and made it difficult for a claimant to overturn a denial of disability benefits. The principal purpose of ERISA was “to protect… the interests of participants in employee benefit plans… by establishing standards of conduct, responsibility, and obligation for fiduciaries of employee benefit plans, and by providing for appropriate remedies… and ready access to the Federal courts.” ERISA is a very complex statute which sets forth claim handling procedures that insurance companies must follow when administering a long-term disability claim. The ERISA claims procedures statute for the handling of ERISA disability claims is 29 CFR Section 2560.503-1.

Unfortunately, each insurance company has their own interpretation of what they must do in order to comply with ERISA claim procedures. To make matters even more difficult, the federal court decisions on the interpretation of ERISA generally differ from one state to another.

Attorneys Dell & Schaefer have handled ERISA long term disability denials against every major disability insurance carrier throughout the country. Due to the complexities of ERISA and the constantly changing court rulings, it is important to hire a law firm that handles ERISA long-term disability cases on a daily basis. Attorneys Dell & Schaefer represents claimants at all stages of an ERISA long-term disability claim, which includes application, appeals, and lawsuit.

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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.

Dell & Schaefer Client Reviews   *****

Vincent A. (Florida)

It was a pleasure working with attorneys that return your calls in a timely manner. Alex Palamara was great. He listened to me and heard what I was saying. Either he or Danielle Lauria kept me in the loop at all times. I would definitely use Dell and Schaefer again and ABSOLUTELY recommend their services to anyone who needs excellent competent attorneys.

***** 5 stars based on 202 reviews

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