Abromson & Carey, Attorneys at Law
You Take Care of Your Health, We’ll Take Care of Your Case
27+ Years Helping the Disabled
Phone: 888-512-7031

What you need to know about ERISA

The Employee Retirement Income Security Act (ERISA) sets standards that can help protect people who have retirement plans through companies in the private sector. While not everyone needs to use ERISA or even gives it much thought, anyone who end up with a disability or injury that would require them to use their long-term disability insurance may need the benefits that ERISA offers. Because ERISA requires accountability, it can also mean that an employer will need to be more clear about the kinds of plans being offered and what those plans offer, so employees can make the right retirement choices during their working years.

Insurance Carriers May Not Want To Pay Claims

When someone has a long-term disability insurance policy as part of their employment, and they become injured or disabled, they need those benefits. Unfortunately, some insurance carriers do not always want to pay out on these kinds of claims, and they may do their best to find reasons to deny the benefits to a person who has worked for the right to use those benefits after an injury or other type of disability. These kinds of problems can lead to a dispute that involves ERISA. Without help from the Act, people who are owed benefits and make a claim may not receive all they are entitled to.

ERISA And Long-Term Disability Plans

If you have a group disability plan through your employer, you can seek out protection under ERISA. That's not the same as having an individual long-term disability plan, where you will not have such strong protections. That's because ERISA is a federal law that governs group (employer) plans, and doesn't focus on individual plan options.

The Law Surrounding ERISA Is Very Complex

Because of the complexity of the law surrounding ERISA, it's very important that you don't try to sort everything out on your own. Your claim may be denied, especially if you don't have an attorney to help you. While it's possible to appeal an ERISA claim denial, it's generally not something you would want to do on your own, and could result in yet another denial. Because appeals aren't easy and must be carefully grounded in current, applicable law, having legal help is very important when working with ERISA claims and appeals.

Working With an Attorney to Help You Receive Your Benefits

Insurance companies need to live up to their end of the bargain when you have paid premiums on a long-term disability policy. By talking to an attorney, you can get more information about ERISA, the law that surrounds it, and the strength of the case you may have. That can help you have some peace of mind, can give you a legal advocate, and can also provide you with a higher chance to receive any.

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Abromson & Carey, Attorneys at Law
60 Park Place
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Newark, NJ 07102

Toll Free: 888-512-7031
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