Do you have a long term disability policy that you purchased through your employer and cannot work? Give us a call.
You have been paying your premiums for these employee benefits and if you are unable to work due to a medical disability, you deserve to collect.
Don’t delay and risk your benefits. Give us a call. Free Consultation and no fee until we win.
Disability Attorney Charlie Hall will handle your case from initial application and appeal if needed.
We are just one call away. When we accept your case, our disability advocates do all of the work for you, so you can focus on you.
What is ERISA?
ERISA is the abbreviation for Employee Retirement Income Security Act of 1974. ERISA was established by congress to set specific standards for employer-provided employee benefits, including retirement, life, health, and disability coverage. ERISA governs most private long term disability plans that were purchased through private employers. Disability Attorney Charlie Hall represents claimants in ERISA governed Long Term Disability plans.
Long Term Disability Plans Not Governed by ERISA
ERISA does not apply to long term disability plans that were individually purchased outside of the employer. In North Carolina, long term disability plans offered through public employers and offered through churches are generally not governed by ERISA. This generally includes schools and hospitals that are public or church-owned.
ERISA’s Impact on Long Term Disability claims
ERISA requires that after a denial of benefits that the claimant is given at least 180 days to file an appeal. After a denial of benefits, claimants have the right to request a free copy of all documents in their claim file. The deadlines are harsh. If a claimant misses the deadline, the claim usually remains closed. ERISA requires the plan administrators to make an appeal decision within 45 days after the receipt of the written appeal. The plan administrators can obtain an additional 45 days, but must timely notify the claimant in writing. Sometimes, employer Long Term Disability plans have an additional administrative appeal level. This gives the disabled claimant an additional opportunity to appeal and submit additional evidence. Once the final administrative decision is rendered, typically no new evidence is allowed in. Generally, Federal Court review of an ERISA claim is simply limited to the evidence that was available to the Long Term Disability plan administrator when the denial was rendered. This makes it extremely important to wisely use your 180 administrative appeal period to consult with an experienced disability attorney to determine what might need to be strengthened in the case.
How an Experienced Long Term Disability Attorney Can Help You
Attorney Charlie Hall can help you review the weaknesses in your case and help you understand why your claim was denied. During that six-month period, we can help you strengthen your claim, submit timely all medical documentation and supporting records, and make strong legal arguments on your behalf. You do not have to go it alone. Use a North Carolina disability attorney with experience in ERISA Long Term Disability. Let us help you.