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Since you pay premiums for your disability insurance and other benefits, you expect them to be accessible to you should you need to utilize them. On the surface, it seems like a simple transaction. However, many people are unaware of how these benefits work as well as what rules are in place regarding their use.
If you have purchased disability insurance through your employer or another privatized insurance company, ERISA restrictions and limitations will apply. It is important to know what these restrictions are and how they affect your policy and your rights.
An accomplished attorney experienced in ERISA insurance laws may be able to help make your benefits easier to understand so that you can have fewer issues when you need to use them. They can sit with you and thoroughly explain ERISA restrictions and limitations.
ERISA is an acronym for the Employee Retirement Income Security Act. This law was established by the federal government in 1974 to protect the insured parties of most employee and voluntary insurance plans. While it is debatable as to whether ERISA benefits are for the protection of the insured, the fact still stands that there are ERISA restrictions and limitations.
For example, qualified ERISA plans are mandated to adhere to 26 U.S. Code § 415 regarding limits on benefits and contributions. ERISA plan administrators are required to keep those they insure updated about any changes to their policy and to provide information any restrictions or limitations that are in place.
One limitation of ERISA plans is time. For instance, after losing an appeal, or possibly even a second appeal, plan participants have a set amount of time to file a legal claim. Depending on the plan and the rulings of federal courts, this deadline could be one year, three years, or six years. If participants do not file in this time frame, the denial will stand.
At the same time, the ERISA insurance company is responsible for letting the insured know what their time limitations are. When they send a denial letter it must include any applicable deadlines for further action. Furthermore, if the insurance carrier fails to provide the insured information on the steps for pursuing further review of their denial, the time limit has not started until they do. These limitations can also be found in the summary plan description for the policy.
ERISA restrictions and limitations can be extremely frustrating if you are trying to use your disability or any other benefit. It is also preferential to the insurance company that you do not know your rights as the insured, and therefore, cannot act on them.
However, a passionate attorney believes you should be fully informed about ERISA laws, what your rights are, and what you can do to protect them. An experienced lawyer could establish and protect your rights with your insurance company. If you are not getting the benefits you deserve, contact an ERISA attorney today.
I want to say thanks to J. Price McNamara for the sound free advice he gave me related how to increase my chances of being approved for Long Term Disability of being denied. I must say after implementing elements of his sound advice such as showing the insurance company proof of how my illness/disability had
I needed an attorney with a specific specialty and Price McNamara was definitely the right choice. His representation was based on principles that are probably unsurpassed by any other attorney in the field. McNamara represents individuals, not big-money corporations, like so many others in his field of specialty. He is a consummate professional, extremely knowledgeable
I found Mr. McNamara to be practical and efficient. He did what I needed in a reasonable amount of time, keeping me well informed and with excellent results. He communicated with me clearly and on a timely basis. I will use him in the future.
I am a current client of Mr. McNamara’s. He is very accessible and responds to my emails and phone calls in a timely manner. I find him to be very professional and knowledgeable, as well as ready, willing and able to address all of my questions and/or concerns.
I am an attorney. Price represented me, and in a separate suit represented my daughter, for injuries. He moved the cases at lightning speed and obtained maximum recovery. I was grateful and surprised. I would recommend Price to anyone who wants a top-notch attorney who gets results.
I would recommend Mr. Mcnanmara to anyone at any time. He was the best attorney that my family and I came in contact with. About three years ago we had a very tragic, accidental death in our family and the company knew that it was their fault but of course tried passing the buck. Mr.
Price and Sara are great. They helped us in a time of need. Their communication was always spot on and I never felt out of the loop with what was going on with our case.
Price is very professional, honest, and reliable. Whatever he says, he will follow through with the utmost integrity. He will turn over every stone and pays close attention to even the smallest detail. I’m glad I secured his services.
Without going into the painful details regarding the reason for having to hire Price, his compassion and communication helped my family during an extremely difficult time. If you need legal help because you or a family member was injured by something or someone else, don’t hesitate to call him.
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