ERISA Law
The Employee Retirement Income Security Act (ERISA) is a federal law that protects a worker’s right to benefits offered by private employers, like disability insurance. Despite ERISA, many insurance companies have a history of rejecting valid claims. Find out more about ERISA law and your legal options following a wrongful claim denial.
Why Take Legal Action?
By challenging a wrongful disability insurance denial, you can pursue the benefits and justice you deserve.
Results Secured
- $1.36 million for a New York man whose Aetna long-term disability claim and appeal were denied
- $1.21 million for a California worker denied disability benefits
- $975,000 for a physician who lost his hearing and was denied long-term disability benefits by Unum
What Is ERISA?
ERISA, also known as the Employee Retirement Income Security Act of 1974, provides minimum standards for disability insurance plans offered by private-sector employers, according to the U.S. Department of Labor.
ERISA laws are aimed at ensuring that participants understand the benefits they’re entitled to and their legal rights in the event of a claim denial.
ERISA law works to protect policyholders by:
- Requiring insurance companies to give participants clear, detailed plan documents
- Establishing rules for filing a claim and collecting benefits
- Providing a process for appealing a disability denial or suing for benefits in federal court
ERISA requires insurance companies to uphold their fiduciary responsibilities, meaning that they must act in the best interests of plan participants and their beneficiaries. When insurers deny valid claims, delay paying benefits, or act in bad faith, they can be held accountable.
“Fiduciaries are required to act solely in the interest of the plan participants and beneficiaries, exhibiting undivided loyalty and unwavering dedication to their well-being.”
– American Public University
Under ERISA law, you only have 60 to 180 days to appeal a denied claim, depending on the rules of your plan. It’s important to act quickly to protect your right to benefits.
Get a free case review now to see if a top disability lawyer in our network can fight hard for the money you deserve.
Who Is Protected by ERISA?
ERISA applies to private industry employees enrolled in disability and other benefit plans provided by their employer.
ERISA law does not apply to:
- Church employees or those who work for other religious institutions
- Government employees, like public school teachers, military personnel, or state and federal agency workers
- Individuals covered under private insurance not offered by an employer
- Participants of Medicaid, Medicare, or other publicly subsidized plans
When a policyholder is facing an unfair claim denial, a disability denial lawyer can step in and ensure that the insurance company follows ERISA law and pays the benefits owed.
How an ERISA Lawyer Can Help
Top ERISA lawyers understand the complexities of this federal law and have experience securing compensation for those whose claims have been denied.
An ERISA long-term-disability denial lawyer can:
- Provide expert guidance on ERISA law and other federal and state laws that could impact your claim
- Collect evidence to support your claim and increase your chances of a successful appeal
- File an appeal with the insurance company and handle all communications on your behalf going forward
- Represent you in court in cases where an appeal isn’t successful
Compensation from a successful appeal can help pay for your health care costs, daily living expenses, and more.
Big insurance companies use tactics to deny or delay paying the money they owe policyholders to boost their bottom line. An ERISA lawyer can even the playing field and fight for the benefits you deserve.
LawFirm.com works with disability denial attorneys who have recovered over $131 million for victims whose claims were wrongfully rejected.
Call (888) 726-9160 right now or chat with a case manager to see if a top disability lawyer can fight hard for everything you deserve.
ERISA Plan Claims & Appeals
Under ERISA law, insurance companies must send participants a denial letter if they’ve decided not to pay a long-term disability (LTD) claim.
At this point, an ERISA law attorney can appeal the long-term disability denial on your behalf, so you can focus on your health and go about your daily routine.
The ERISA claims process typically includes:
- Getting a denial letter from your insurance company
- Working with a lawyer who can challenge a claim denial through an appeal or litigation
- Accessing the benefits you’re owed or securing an ERISA lawsuit settlement
Filing an appeal or legal claim can be complex, requiring comprehensive knowledge of ERISA law and qualifying medical conditions.
An ERISA disability law attorney can handle each step for you and provide guidance along the way, making the process as easy and stress-free as possible.
Get Legal Help for an ERISA LTD Appeal
If you believe your long-term disability claim was wrongfully denied, our team is here to help you access the benefits you’re owed.
Our network of LTD denial attorneys has secured over $131 million for policyholders like you.
Our partner ERISA lawyers:
- Can help victims in all 50 states
- Never charge any upfront costs or hourly fees
- Take care of all aspects of an LTD appeal or lawsuit
Call (888) 726-9160 right now or get a free case review to take the first step toward accessing the benefits you deserve.
ERISA Law & Long-Term Disability FAQs
What is ERISA law?
ERISA law refers to the Employee Retirement Income Security Act of 1974. This federal law established minimum standards for private-sector employer-sponsored benefit plans like long-term disability insurance.
The purpose of ERISA is to protect employees enrolled in these plans, ensuring they receive the benefits promised. When this doesn’t happen, ERISA allows workers to file an appeal or sue to receive the benefits owed.
What is an ERISA violation?
An ERISA violation occurs when an insurance company fails to follow through with requirements set by the Employee Retirement Income Security Act (ERISA).
Examples of ERISA violations include:
- Denying benefits legally owed to employees
- Failing to notify plan participants about plan changes or other important information
- Not acting in the best interest of employees covered by the plan
This law, enacted by the federal government, protects employees of private-sector companies that offer disability and other benefit plans.
An ERISA lawyer can advocate for those dealing with violations and take legal action to secure benefits they may be owed.
What are my rights under ERISA?
Congress enacted the ERISA Act to protect private-sector employees participating in disability insurance plans from wrongdoing on the part of the insurance company.
Under ERISA law, you have the right to:
- Be notified of updated plan information, including premiums
- Participate in an appeals process when a claim is denied
- Sue for benefits and bad-faith behavior by your insurance company
When plan administrators fail to meet their obligations related to an employee benefit plan, a disability denial lawyer can take action for these breaches of fiduciary duty and fight for the compensation you deserve.
How do I get help with an ERISA disability claim?
LawFirm.com works with experienced ERISA lawyers who can help those facing the wrongful denial of a long-term disability claim.
Our legal partners never charge any upfront costs or hourly fees, so there’s no financial risk to working with them.
Get a free case review now to see if we can connect you.
Fact-Checked and Legally Reviewed by: Rae Theodore
Rae Theodore is a writer and editor with more than 30 years of experience in legal publishing. She earned a bachelor’s degree in English from Pennsylvania State University.
- American Public University. (2023, August 15). “What Is ERISA Law – And Why Does It Matter?” Retrieved November 15, 2024, from https://www.apu.apus.edu/area-of-study/security-and-global-studies/resources/what-is-erisa-law-and-why-does-it-matter/
- Sokolove Law. (2024, October 1). “ERISA Claims.” Retrieved November 15, 2024, from https://www.sokolovelaw.com/disability-insurance-denial/long-term-disability-denial/erisa-law/
- U.S. Department of Labor. (n.d.). “Employee Retirement Income Security Act (ERISA).” Retrieved November 15, 2024, from https://www.dol.gov/general/topic/retirement/erisa
- U.S. Department of Labor. (n.d.). “ERISA enforcement.” Retrieved November 15, 2024, from https://www.dol.gov/agencies/ebsa/about-ebsa/our-activities/enforcement/erisa