How does ERISA affect my claim for disability benefits?
The Employee Retirement Income Security Act of 1974 dictates how insurance companies administer and manage the policies they sell and the people they insure under group or employer sponsored insurance plans. This Federal statute also governs the rights and requirements of the plan’s beneficiaries … the people who receive the insurance benefits. If you or someone you care about receives disability or life insurance from an employer, then the ERISA law applies. As a claimant you may seek to have your disability benefits restored by filing a lawsuit. In most cases, you can only do this after you have followed the all of the ERISA required procedures. Most claimants are required to respond to all denial of benefits (you must file an appeal) and do so within the allotted time frame or risk losing the ability to file a lawsuit at some point in the future.
