Employers can choose to offer employees benefits beyond what’s required by law, and for most of these benefit plans, there is governmental oversight in the form of ERISA. These additional benefits help employees make primary decisions about their careers, and employers are required to hold up their end of the bargain. If you have questions or concerns about an employee benefit to which you’re entitled, an experienced Los Angeles ERISA claims attorney is standing by to help.
ERISA stands for the Employee Retirement Income Security Act, and it sets the legal ground rules for optional employment-based benefits such as disability coverage. There are narrow exceptions under ERISA for some types of workers, such as government or religious-based workers, but most employer plans are subject to ERISA. The basic requirements it sets out fall into the following categories:
The kinds of optional employee benefits commonly covered by ERISA include all the following:
If it’s a benefit that lies outside of what your employer is required by law to provide, it’s likely covered by ERISA.
If you’re injured on the job or acquire a work-related illness, it’s usually covered by workers’ compensation insurance, which employers are required to carry for all employees. If the injury or illness that keeps you off the job, however, is not job-related, optional disability coverage will address your claim.
If your LTD policy is through your employer, your efforts to obtain just compensation for your claim will be guided by ERISA. However, if you purchased LTD coverage on your own or through a private group plan, ERISA may not apply. There are important differences between ERISA and non-ERISA cases, and a skilled Los Angeles ERISA claims attorney can help you work through these details.
If your benefits claim has been denied, your next move is usually to submit an appeal letter, which is best left to a seasoned ERISA claims attorney. This letter is the focus of your appeal efforts, and it should include a detailed outline of all the relevant evidence. Your attorney will highlight the specific reasons why your claim denial should be overturned and will make a strong bid for the benefits to which you’re entitled under your specific policy.
Even if your appeal proves unsuccessful, you may not be without options. Depending on the circumstances involved, you may be in a situation in which filing a federal lawsuit is in order. In such cases, claimants generally ask the court to find their original claim denials arbitrary and capricious and seek compensation in the form of reasonable attorney fees along with the original benefits to which they were entitled.
You count on the benefits you’re offered as an employee, and you’re entitled to them. If your benefits claim has been denied, the accomplished Los Angeles ERISA claims attorneys at Monahan Tucker Law are well prepared to skillfully advocate for your rights – in pursuit of your rightful benefits. To learn more about what we can do to help you, please don’t hesitate to reach out and contact us for more information today.
Our attorneys have decades of experience with insurance litigation and an unparalleled track record of success.
Your trust is important to us. From our first consultation through litigation, we will be transparent with you, and we will hear you every step of the way.
We are one of the rare firms that can provide first-hand knowledge of how your insurer thinks and reacts, and has consistently prevailed in some of the most complex and high value insurance disputes seen in ERISA and non-ERISA litigation.
Our attorneys trained at some of the most aggressive large law firms in the world. Though we believe there are usually better ways to litigate and resolve disputes, our opposition does not always agree. When necessary, we are masters of unrelenting, tenacious litigation. When you hire us, you turn the insurer’s previous weapon against it.
We do this work because we want to be here, for you. We understand what you have been through, and that everyone has times where they need support. One of the strongest steps for yourself and your family is to ask us for help. Together, we’ve got this.
I empathize with you that you find yourself in need of a Disability Insurance Attorney. Stacy Tucker empathized, and compassionately assisted me throughout a very difficult, complicated and drawn-out legal process. I was very satisfied with the result we ultimately...
Stacy Tucker is a knowledgeable, skilled attorney who you want on your side. In a difficult LTD case, with complicating factors, Stacy fought hard to get me the best possible outcome. I was wrongly denied benefits by my LTD carrier...
Excellent attorney! Could not be any better! Stacy helped me with my long-term disability case. After fighting with the insurance company on my own, I was exhausted and frustrated. After the very first conversation with Stacy, I knew I could...
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