Below we answer common questions about ERISA disability insurance law and how ERISA affects your long term disability insurance claim.
ERISA is the acronym for the Employee Retirement Income Security Act adopted by Congress in 1974. Because of its many complicated provisions and its breadth in scope, some people say ERISA stands for “Every Ridiculous Idea Since Adam.” When Congress adopted ERISA, it made the decision to have one law that regulates virtually all employee benefit plans in the private sector.
Even though ERISA only uses the term “Retirement,” it covers almost all employee benefits that you may have at your job, including:
The only employee benefit plans not covered by ERISA are:
Yes. One of the main purposes behind ERISA was to protect the employee benefits of plan participants. ERISA protects your benefits in a number of important ways.
ERISA requires the long term disability insurance company to disclose relevant information. You must be provided with the plan document and other relevant plan information upon request. In an adverse benefit determination, the insurer must describe all the specific reasons for the denial and grant you access to your claim file. If the insurer has a healthcare professional review your appeal, it must give you an opportunity to respond to the report of that healthcare professional before making its final determination.
ERISA permits States to regulate insurance, including the content of long term disability policies. For instance, in many States long term disability policies limit the length of disability benefits for people suffering from Chronic Fatigue Syndrome and Fibromyalgia. But New York State does not permit such restrictions.
Yes, ERISA gives you access to the federal courts to enforce your rights under your long term disability policy. This is significant because not all lawsuits may be brought in federal court. Federal courts only will hear lawsuits that involve a constitutional question, are authorized by a law enacted by Congress (such as ERISA), or involve parties from different states.
ERISA also gives you great latitude in where you can bring an ERISA long term disability lawsuit against your insurer. ERISA permits you to bring a long term disability lawsuit against your insurance company where you live, where the plan is administered, or in any state in which the insurer may be found. In most states, if an insurer is licensed to do business in a state, it may be found in that state.
Yes, if you are successful on the merits. In most instances, the Court will require your insurer to pay the reasonable cost of your attorney fees in bringing your ERISA long term disability lawsuit if you have had some success on the merits of the action. Unfortunately, however, courts will not order the insurance company to pay your legal costs in pursuing your disability claim with the insurer’s claims department or your internal appeal with the insurer’s appeal department. Courts only will award attorney fees for efforts needed to commence and prosecute a lawsuit.
Typically, yes. Although ERISA itself does not discuss whether you must do an internal appeal before bringing a long term disability lawsuit, the courts have uniformly held that a claimant must exhaust all avenues for relief with the insurance company before pursuing litigation. If you have not appealed the denial, the Court will dismiss your ERISA long term disability lawsuit.
While having to do an appeal may be inconvenient, it often is beneficial to the claimant. It gives you the opportunity to address the reasons for denial informally, and at a much lower cost, than it would if you had to litigate the issue in court. It also is considerably faster. Appeals are usually decided within 90 days of being filed. Lawsuits can take years.
In our practice, long term disability appeals are not a wasted effort. We use the appeal as an opportunity to bolster the evidence submitted in support of your claim. This makes your chances of success in a possible future litigation much better, even if the appeal is unsuccessful. The vast majority of our appeals, however, are successful. In our practice, we are successful with approximately 85% of the appeals we file.
There are certain circumstances where you may not need to file an appeal before bringing a lawsuit. These circumstances are very narrow and highly dependent on the individual circumstances of your case, as well as where you are filing your case. Always consult with a disability attorney to determine the steps you must take before initiating a lawsuit.
At Riemer Hess, we solely practice in the area of long term disability insurance. Our ERISA long term disability attorneys understand what insurers require in order to approve a claim and how to combat their underhanded tactics. We have secured for our clients hundreds of millions of dollars in benefits, settlements, and judgments.
Don’t wait until it’s too late before speaking with an ERISA long term disability attorney. You can use the button below to schedule a free exploratory call with one of our professionals and set up a consultation with one of our expert attorneys at Riemer Hess.