Mar 25, 2017
Disability and Life Insurance Claims There are many areas of the law in which you may not need an attorney. Dealing with a contested disability or life insurance claim isn’t one of them.
\nDo you receive life or disability insurance through your employment? If you do, chances are that your rights to life insurance benefits or disability income are subject to the federal Employee Retirement Income Security Act
, or ERISA
. Perhaps you are seriously injured
in an accident outside your workplace or you develop a chronic or debilitating illness
. Perhaps a family member dies. If your claim for life or disability benefits is denied, you’ll likely have to wrestle with ERISA
. And you have an uphill battle on your hands.
\nThe law firm of Brian S. King helps those who must secure a financial future for themselves and their families through the complex legal process of ERISA. In addition to helping obtain life and disability benefits for accidents, the law office helps those with serious and long-term medical conditions get the insurance payments they need to carry on with their lives.
\nRead more about the types of illnesses and disabilities that are commonly grounds for filing ERISA claims. [link]
\nWhat is ERISA? And why is ERISA so important?
\nConsidering how many people are affected by this statute, it is surprising that most people know so little about ERISA. In fact, unless you or someone you know has had a substantial claim denied and or you work in the insurance or human resources industries, you have likely never heard of ERISA.
\nOriginally, this statute was designed to protect the pension, health, life and disability benefits offered to employees by their employers. But since its passage in 1974 ERISA has steadily evolved into a shield for business and insurance interests, and an obstacle course for employees and their families.
\nThere are many quirks of ERISA about which most people, including most lawyers, simply are not aware. Retaining a lawyer who is aware of the nooks and crannies of ERISA often means the difference between winning and losing a case. One of the most important is to recognize that for most claims brought under ERISA, the claimant must exhaust the pre-litigation appeal process before filing a lawsuit.
\nThis means that the claimant must present all the facts and arguments that justify payment of the claim to the insurer before filing suit. If you do not do this, the court will likely not consider any facts or arguments you seek to present for the first time in litigation. In addition, there are short time frames within which a claimant must file an appeal of a denied claim. Generally speaking, an appeal of a denied claim for benefits must be filed within 180 days of the date the claim is denied.
\nAs a result of these aspects of ERISA, it is important to get an attorney with knowledge of the statute working with you as soon as possible. The law office of Brian S. King works with you to ensure that your claim is properly appealed and, if necessary, to put you in the best position to pursue your claim in litigation to obtain the benefits to which you are entitled.
Library for Disability and Life Insurance Claims:
- Bloomberg Markets' article on ERISA [PDF]
Bloomberg Markets' article from April, 2011, explains how ERISA, a statute designed to protect consumers, actually exploits them.
- Burgio v. The Prudential [PDF]
Burgio, ERISA, discovery,
- Kellogg v. Metropolitan Life Ins. Co. [PDF]
AD&D, accidental death, ambiguity, standard of review, de novo, reasonable expectations
- Cohen v. MetLife [PDF]
Contempt, ERISA, disability, Cohen,
- Ziesemer v. First UNUM [PDF]
disability claim, deemed denied, exhaustion, remand
- Cooper v. LINA [PDF]
disability insurance claim, LINA, ERISA, arbitrary and capricious, Cooper v. LINA,
- Nicolas v. MCI [PDF]
venue, forum selection clause, ERISA,
- Levy v. INA Life Ins. Co. [PDF]
claims handling manual, disclosure in litigation, cofidential information, protective order
- Milliman Report Regarding the Cost of Eliminating Discretionary Clauses [PDF]
discretionary authority, NAIC, insurers, prohibition of discretionary clauses
- Provident Internal Memo: Why Insurers Love ERISA [PDF]
ERISA, Provident, limited remedies, no jury trials, no consequentials, no punitives
- Types of Disability Claims
Salt Lake City, Utah law firm representing life insurance and disability claims in Utah and nationwide. If you’ve lost a family member or are suffering from a disabling condition or disease, contact the law offices of ERISA and disability lawyer Brian S. King.
Frequent Questions for Disability and Life Insurance Claims:
Case Results for Disability and Life Insurance Claims: