Disability insurance benefits are regulated by the Employee Retirement Income Security Act of 1974 (ERISA). ERISA creates a set standard for benefits offered by employers — but insurance companies often still try to deny claims.
If you filed an ERISA claim that was wrongfully denied, we may be able to help you pursue the compensation you deserve. Call (800) 995-1212 now to learn more about your options for free.
What Is ERISA Law?
The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that sets minimum standards for disability insurance provided by private-sector employers.
ERISA laws may affect various aspects of your disability insurance plan, including the:
- Requirements to file a claim and receive benefits
- Timeline for a decision on your benefits
- Denial process and your rights to appeal or sue
When a claim is denied, your insurer must send you a letter that explains your rights under ERISA — like the right to appeal the company’s denial.
Under ERISA, you only have between 60 and 180 days to appeal a denied claim, depending on your plan.
While ERISA was originally designed to protect workers, many insurance companies have begun to take advantage of this law in order to delay or avoid paying out claims.
By working with Sokolove Law, you can even the playing field and get help standing up to billion-dollar insurance companies. Let us fight for the compensation you deserve.
Don’t Take No for an Answer
We've helped clients across the country challenge their insurer's decision and secure the benefits they’re entitled to.
Who Does ERISA Apply to?
ERISA applies to private sector employees who are enrolled in benefits through their employer, regardless of the company’s size.
If your benefits do not fall under ERISA, you will not have to comply with certain ERISA rules before filing an appeal or lawsuit — which means you may be able to take action sooner.
ERISA does not apply to:
- Churches and employees of religious institutions
- Government employees, like public school teachers, members of the military, and those employed by state or federal agencies
- Individuals who purchase private insurance not sponsored by an employer
- Publicly subsidized plans, like Medicaid or Medicare
At Sokolove Law, we have helped many clients file appeals and take legal action against the insurance companies that wrongfully denied their claims.
Ways an ERISA Lawyer Can Help
When disability claims are denied, many families turn to an ERISA lawyer for help fighting their insurer’s decision. By working with Sokolove Law, you can make sure your appeal is thorough and submitted before any deadlines.
- Gather evidence to support and strengthen your claim
- File an appeal with your insurance company
- Argue your case before a judge if the company wrongfully denies your second appeal
Large insurance companies have the legal and financial resources to wear you down through delays and denials.
Working with our experienced lawyers can help level the playing field between you and the company that denied your claim.
ERISA Claims and Appeals Process
When filing a claim under ERISA, it’s important to first review your insurance policy to see if you’re eligible to receive benefits, like different medical conditions that qualify for long-term disability (LTD).
If you applied for LTD benefits and your insurance company sent you a denial letter, attorneys at Sokolove Law can draft and file an appeal for you, so you can focus on your health.
With denials, the ERISA claims procedures generally include:
- Receiving a denial letter from your insurance company
- Hiring a disability attorney who can handle the appeal process or lawsuit on your behalf
- Getting the benefits you’re entitled to or an ERISA lawsuit settlement
Unfortunately, many insurance companies purposely draw out the claims process. Because of deadlines set forth by ERISA, it’s important to contact a denied disability lawyer as soon as you receive a denial letter to ensure you’re able to file an appeal in time.
Call (800) 995-1212 now to see if our attorneys may be able to help with your ERISA case.
Filing an ERISA Lawsuit
If your appeal is rejected, you may be able to file an ERISA lawsuit against your insurance company.
Under ERISA, you must go through the entire claims process before you can file a lawsuit. Otherwise, your case may be immediately dismissed.
Once your appeal has been denied, your ERISA lawyer may be able to file a lawsuit that explains why you’re challenging the company’s denial.
In some cases, the insurance company may decide to settle outside of court after reviewing the information your attorney has provided.
However, if a settlement isn’t reached, we can present your case before a judge and fight for the payments you deserve.
Learn More About Your Options
If your LTD claim was denied, an experienced long-term disability denial attorney can help you understand your legal options.
ERISA Settlement Payouts for Disability Denial
At Sokolove Law, we’ve recovered over $127 Million for clients who were wrongfully denied long-term disability benefits.
ERISA lawsuit settlements can cover lost wages and may help families pay for:
- Everyday living expenses
- Doctors visits
- Mortgages or rent payments
- Treatment costs
- And more
While there’s never a guarantee of ERISA settlements, our attorneys will fight for the most compensation possible in your case.
Receiving compensation from an ERISA lawsuit can help you pay for medical costs, daily living expenses, and more while you’re unable to work.
Get Help from an ERISA Disability Attorney
If you’re dealing with a long-term disability denial, our experienced ERISA disability attorneys are here to help.
As a national law firm, Sokolove Law can help families across the country take action for wrongfully denied claims. Our team has over 40 years of experience helping injured clients stand up to companies that have caused them harm.
Our disability denial attorneys have recovered over $127 Million for victims of disability denial.
ERISA Litigation FAQs
What does ERISA mean in insurance?
ERISA, the Employee Retirement Income Security Act of 1974, is a federal law that regulates employer-sponsored benefit plans, including long-term disability insurance.
ERISA law ensures a standardized process for filing an LTD claim by setting:
- Specific requirements for assessing claims
- Time limits for insurance companies to respond to claims
- Next steps for appealing a denied claim
Unfortunately, some insurance companies wrongfully deny disability claims despite the protections of ERISA.
If your claim was wrongfully denied, our attorneys can help you challenge your insurance company’s decision and file an appeal. Contact Sokolove Law now to learn more.
Do ERISA laws protect workers?
Although ERISA was designed to protect workers, insurance companies use the law's rules to their benefit by:
- Restricting your right to a jury trial
- Making the process take longer than needed with additional rounds of review and appeals
- Limiting how long you have to appeal their denial
At Sokolove Law, our experienced ERISA lawyers can help fight back against your insurance company. If you have a case, we’ll work to ensure your LTD appeal can withstand the company’s scrutiny.
Call (800) 995-1212 now to speak with a member of our team.
What is an ERISA lawsuit?
An ERISA lawsuit is a legal claim filed against the company that handles employer-sponsored benefit plans in order to challenge the denial of benefits.
Sokolove Law can help injured workers pursue compensation from an ERISA lawsuit if their insurance company wrongfully denied their disability claim and appeal.
How can I find an ERISA attorney near me?
Contact Sokolove Law right now to find ERISA attorneys near you. As a national law firm, we’re able to help clients fight denied ERISA disability claims in all 50 states.
Fill out our contact form to get started today. It costs nothing to see if you have a case.
How much does an ERISA disability lawyer charge?
At Sokolove Law, there are no upfront or hourly costs to work with our ERISA long-term disability denial lawyers.
We work on a contingency-fee basis, which means we only get paid if we successfully secure compensation for you.