June 10, 2017 by admin

ERISA Disability Litigation Process

ERISA laws govern the process of policies for employees of a company. The ERISA disability policies cover employees of any organization in case of injury. If an employee gets injured on the job, the employee can file for a claim in order for them or their beneficiaries to get the benefits. You cand read more about this if you search the internet for reliable resources. If they are not able to file a claim then their spouses or any other beneficiary can file it.

Image result for ERISA Disability Litigation ProcessAn ERISA disability lawsuit can be filed if a claim is denied to the person who incurred injuries during the job or to their beneficiaries. It can also be filed if there have been benefits given and they have stopped without a proper reason stated by the policy carrier.

ERISA disability cases can be complicated which means that they require a lawyer who has plenty of experience with such issues. Remember most policy holders will be insurance companies and they often have well-known law firms to represent them in cases. If you do not get a good lawyer, you will end up losing.

If an ERISA disability claim is denied, a beneficiary is supposed to file an appeal to the insurance company or policy provider. If the appeal is denied then they are free to file a lawsuit against them. The lawsuit however has to be filed within three years of the beginning of the disability. If three years pass then you cannot file a lawsuit because the statute of limitations on the case has passed.

Once you file the claim, your lawyers and the policy holders lawyers will meet to discuss terms of a settlement. If they cannot come to a common agreement then the case proceeds to the court. Once it is in court, it falls upon the hands of the federal judge to decide whether the policy holder was right in denying your claim or not. A family doctor near me said that it is important that you must also provide medical records only from the doctors who have treated you for your disabling condition to be able to qualify for the claim.

If the judge decides that they disagree with the decision to deny the claim, they can state the benefits you should receive from your carrier. Keep in mind that you cannot sue the carrier for future benefits or for issuing benefits in a way that you do not agree with. The lawsuit will only be for claims denied.

If the judge decides that the carrier’s interpretation of the policy was different from yours, then they will pay the benefits but will not face any consequences legally in terms of jail time.

About the author
#ERISA#ERISA lawyers