Monday, November 8, 2010

ERISA attorney tips on Disability Protection

Are you familiar with ERISA laws?

We're constantly surprised by the number of people who don't understand their health insurance benefits, or the options they have when it comes to disability protection. Does your health insurance card say ERISA on it? What does that really mean to you? Does ERISA fully cover your disability???

ERISA offers employees benefit protection, but benefit protection ONLY. ERISA law does not cover your payments on the following important areas:

For these reasons, its important for you and any person who is an employee or business owner to also have a private disability and income protection plan in place.

Talk to your trusted insurance agent to make sure you are covered for disability - this could help you significantly if push comes to shove, and you end up having a claim or needing an ERISA attorney.

The Employee Retirement Income Security Act (ERISA) was inacted to protect employees. However, it has had the opposite effect ofprotecting those employees whose insurance policies fall under ERISA. These policies (insurance paid for by their employers) which were purchased to protect the employee, such as a Long Term Disability policy that pays for lost income when you are unable to work, are goverened by ERISA (with a few exceptions.) There is a strict administrative process that must be completed or otherwise risk losing the right to litigate a claim. If your claim for benefits is denied after the administrative process has been completed then the only recourse available is to file litigation in Federal Court where the most the court can do is force the insurer to pay the claim if it determined it should have been paid in the first place. There are no punitive damages or jury trial in ERISA claims.

Stuart H. Sandhaus

California Disability Attorney

Bus: (949) 481-0236

Fax: (949) 481-0238

Get A FREE Consultation Today!

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