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erisa disability appeals Archives

Filing a lawsuit after the denial of an ERISA disability appeal

When a person files a claim for benefits under a disability insurance plan provided by their employer, and their claim is denied, the Employee Retirement Income Security Act of 1974 (ERISA) provides a means for a them to challenge the denial. While sometimes these challenges are successful, and the policyholder obtains the benefits he or she deserves, unfortunately there are instances where a policyholder's appeal is denied. However, this denial does not have to be the end of the story.

Read the fine print even after an ERISA disability appeal victory

If a disability insurance policyholder is denied a claim for benefits, he or she has the right to appeal the denial per the Employee Retirement Income Security Act of 1974 (ERISA). While the appeals process can be complex, often necessitating the assistance of an attorney, it is possible to prevail on an appeal of a denied claim. However, such success may be short-lived for some, particularly when it comes to long-term disability insurance.

A denial of disability benefits need not be the end of the story

No one is guaranteed that they will stay in good health during the course of their career. However, whether it is cancer, a spinal cord injury or even something like arthritis, a person could find themselves in a situation that they never expected -- that they are too injured or ill to go to work for a significant period of time.

Man claims wrongful denial of benefits in violation of ERISA

No one in America is guaranteed good health. While everyone will get their fair share of minor colds and injuries, leading them to miss a couple days of work, some are not so lucky and will suffer from a serious illness or injury that causes them to miss work for an extended period of time.

Worker files ERISA lawsuit for wrongful termination of benefits

Sometimes a worker suffers an injury or illness so severe that it disables him or her. Not being able to work can be a financial blow, but if a person has a long-term disability insurance plan, they may be provided with the benefits needed to help support them and their family during a difficult time. However, what would happen if these benefits were suddenly taken away?

What information must disability denial letters include?

When a person in New York needs disability benefits, the reasons why may seem obvious to them. After all, if an injury or illness keeps them from being able to work, they may find themselves losing out on lost wages along with mounting medical bills, and therefore they are in need of financial help. However, sometimes a person's claim for disability benefits is denied. That being said, when it comes to a denied claim, applicants have rights under federal law.

What are the timelines for an ERISA disability appeal?

When a person becomes too injured or ill to work, disability benefits can serve as a means for keeping them afloat financially. For those in Garden City who have disability benefits through their employer, it is important to understand that these benefits are protected by the Employee Retirement Income Security Act of 1974 (ERISA). There are laws and rules with regards to the processing of a claim for benefits and what a person can do if his or her claim for benefits is denied.

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