Give the burden to us. Regain your peace of mind.
We’ll take it from here. Call now.

(225) 201-8311Serving ALL Louisiana and Texas
Free Case Consultation

ERISA Disability Benefits

The Next Steps Are Critical. As A Former Insurance Company Attorney/insider, I’ll Personally Guide You Through Those Steps And Around Common Pitfalls

Before You Hire Any Attorney, Let Me At Least Do This For You (Free Of Charge):

  • 1 Review Your Denial Letter;
  • 2 Discuss the denial and insurance company tactics in your case with you by phone; and
  • 3 Give you a written step-by-step plan to fight your denial.

Call me or fill out the contact form to get started today.

You can use the plan continue your fight alone, or share it with any other attorney you wish.

Or if you decide you want me to fight for you, no office visit is needed, and you pay nothing – no fee, no costs -- unless we recover.

Listen About Long Term Disability

ERISA Disability Benefits

Although you hope to never need disability insurance, it is always a good idea to have. Disability benefits can provide for partial income if you are unable to work due to a physical injury or illness for an extended period of time.

If you have disability insurance through your employer or have purchased a policy through a private company, your benefits more than likely are governed by ERISA. This means the insurance company must adhere to federal standards and provisions set forth to protect those they insure. However, many people have problems accessing their ERISA disability benefits when they need them. If you are one of these people, you may be able to access your benefits with the help of a disability attorney.

ERISA Purpose

The Employee Retirement Income Security Act of 1974 (ERISA) is a law enacted to regulate employee benefit plans. It widened the scope of information available to the insured including plan descriptions and annual financial reports.

ERISA was intended to help employees increase their awareness of abuse or mismanagement of their funds. ERISA plan participants must be notified about how to file a claim and any significant changes to their plans. In addition, ERISA has specific standards for the filing and appealing of claims.

Common Disability Benefits

Although benefit plans are mandated to supply certain pieces of information to their participants, they are not required to give employees specific benefits or any benefits at all. Many employers voluntarily choose to provide benefits to their employees to make employment seem more attractive but the disability benefits an employer offers are at their discretion.

Common ERISA disability benefits are usually based on the pre-disability earnings of the insured. Most of the time only monthly wages are considered to determine the amount, although, some companies may also factor in bonuses, commissions, and overtime. In most cases, disability pays around 50 to 75 percent of the pre-disability salary. Additionally, some disability plans include a cost-of-living adjustment (COLA) which can increase disability benefits between one percent and three percent each year.

Taxes on ERISA Disability Benefits

Employers commonly pay disability premiums with pre-tax money. While each plan can differ in how taxes on disability earnings are paid, most of the plans are set up so that plan participants pay taxes on their benefits when they are received, just as they do their regular paychecks. For more information about the taxes on ERISA disability benefits, reach out to a seasoned lawyer.

Help with ERISA Disability Benefits

If you have questions about your ERISA disability benefits, a claim denial, or how to file a claim, contact a knowledgeable disability attorney for help. They know that when an insured employee needs to access their disability benefits they are more than likely experiencing a lot of stress and possibly physical pain.

A compassionate attorney strives to make the disability claims process easier and less confusing for you. Call today to learn more about how a skilled attorney can help you with your ERISA disability claims.

Our Client Testimonials

Contact Us Today

Complete the confidential form below for a free, no obligation case evaluation and we’ll tell you how we can help.
You may also call us at the number below.  J. Price McNamara and his legal support team are focused on building a strong case for you.

  • Max. file size: 300 MB.
  • This field is for validation purposes and should be left unchanged.

Three Office Locations

Baton Rouge Office

10455 Jefferson Hwy,
Suite 2B
Baton Rouge, LA 70809
Phone: (225) 201-8311
Fax: (225) 201-8313
(By Appointment)

New Orleans Office

4141 Veterans Memorial Blvd.
Suite 212
Metairie, LA 70002
Phone: (504) 420-6962
Fax: (225) 201-8313
(By Appointment)

Houston Office

363 N Sam Houston Pkwy E
Ste 1100 PMB, #114
Houston, TX 77060
Phone: (713) 547-5499
Fax: (225) 201-8313
(By Appointment)

Attorney Advertising. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Testimonials are not a guarantee, warranty, or prediction of the outcome of your case. By providing certain contact information herein, you are expressly authorizing the recipient of this message to contact you via the methods of communication provided.

Copyright 2021. All Rights Reserved. Law firm marketing by ZillaMetrics

Call Now Button