ERISA Long-Term Disability Claims

California Lawyers Handling ERISA Disability Appeals

If you developed a disability that kept you from being able to work, what would you do? Many people protect themselves from the potentially catastrophic financial impact of a disability through insurance. Many employers offer long-term disability insurance as a benefit.

When long-term disability claims are delayed or denied, it just adds to the shock, confusion and economic distress of a person suffering from a life-changing disability. If this has happened to you, you have the right to appeal.

Appeals of claims denied by employer-sponsored insurance plans are covered by a federal law called ERISA (the Employee Retirement Security Income Act). Appeals through ERISA are complex, however, and it can be extremely beneficial to work with a lawyer who understands and has experience in the ERISA appeals process.

At Galine, Frye & Fitting in San Mateo, we handle ERISA disability appeals for people throughout the greater San Francisco Bay Area. We know how to effectively navigate the ERISA appeals process — both the mandatory internal appeal and any necessary federal litigation.

If you need to pursue an ERISA disability appeal, contact our San Mateo office and schedule a free consultation. We also handle appeals for people who have disability insurance that they purchased outside of their employment, as well as or other insurance claims.

We Can Help You Through the ERISA Disability Appeals Process

Time is of the essence. ERISA requires you to file the first step of your appeal — the mandatory administrative appeal with company's insurance board — within 180 days of the date your claim was denied.

Our attorneys will begin your case by examining the denial letter for any defects and by inspecting the documents the insurance provider is required to provide to you. We will file your appeal with the company and build a strong record for why your denial should be overturned.

If we are unsuccessful through this administrative process, the next step is to file a lawsuit in federal court, where a federal judge (not a jury) will hear your case. The judge will generally only consider evidence that was presented at the insurance company appeal, so it is essential to have built a thorough record during the internal appeal.

We always prepare our cases by assuming from the start that a federal lawsuit will be required. We make certain to build a compelling collection of evidence for the federal judge to consider. When necessary, we work with experts to develop legitimate evidence that supports our clients' claims. We believe in working as a team with our clients, so they are informed and actively involved in every aspect of their cases.

Attorneys' Fees May Be Awarded in ERISA Disability Appeals

The concept of bad faith does not specifically apply under ERISA. However, if the insurer acted unreasonably in denying a claim, attorneys' fees may be awarded at the court's discretion. We will incorporate a justification for fair attorneys' fees into our argument.

Contact Us for a Free Initial Consultation

Contact us today a free case evaluation and experienced help with your ERISA disability appeal.