ERISA & Disability Claims2019-02-21T15:13:39+00:00

ERISA & Disability Claims



You trusted the safety net that you paid into and believed the guarantees and promises that were made. Now something happened and you need to collect what you have been counting on. You filled out the paperwork and filed your claim, but now your insurance company says you have no claim. This is a frustrating and scary situation that you have never been in before; but we have. We can guide you through this. We work as your counselor and advocate and have your best future in mind. Our Charlotte ERISA disability laywers fight to get you what you are owed and protect what’s yours.

Disability Insurance Claims

We are your safety net. Our disability attorneys are experienced and knowledgeable in all aspects and forms of Short Term and Long Term Disability insurance. Disability insurance policies can be broken down into either short-term disability or long-term disability. Some policies are offered through employers, and are referred to as group insurance. Individuals can also purchase standalone policies or as a supplement to group insurance policies they have through their employer’s group plan; these plans are typically governed by ERISA. Although they each serve a similar purpose, individual disability insurance policies offered through an employer have substantially different rules compared to group disability insurance policies. Our firm offers free consultations on matters of Short and Long Term Disability insurance claims and disputes, including:

  • Policy Analysis
  • Applications
  • Monthly Claim Handling
  • Denied Claims & Disputes
  • Appeals
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Why You Should Enlist Our Help

Insurance policies are purposefully drafted in confusing terms. Some insurance carriers use contractual loopholes to delay or deny claims; or give the appearance of grounds for denial of the claim. Our goal is to submit airtight claim documentation to avoid the need for a lawsuit. However, if a lawsuit is needed, we will take the most direct approach to expedite the proper outcome. Big insurance companies should be held accountable to the language in their own policies and therefore we work to get policyholders the benefits they paid for and rightfully deserve. Don’t let the insurance company beat you down and most importantly don’t give up. Consider scheduling a consultation with an experienced Charlotte disability lawyer from Marcellino & Tyson.

We used to work for the insurance companies but now we can work for you. Contact us or call 704.919.1519.

ERISA Representation

Marcellino & Tyson represent clients in the matters of the Employee Retirement Income Security Act, also referred to as ERISA. Our attorneys are experienced on issues involving all areas of employee benefits law, such as ESOPs, 401(k) plans, pension plans, health plans, disability plans, cafeteria plans, nonqualified deferred compensation, stock-based compensation, severance arrangements, and executive compensation. Our dedicated legal team also helps employers create executive compensation arrangements that complement qualified plan benefits for key employees. In addition to our consulting services, our attorneys are prepared to represent individuals and businesses if ERISA litigation arise. Even the best employee benefit plans can face tough questions from governing bodies and their own employee recipients. Our experienced attorneys represent employers and employees in ERISA administrative hearings and litigation. Our lawyers handle the following ERISA matters:

  • Defend trustees and plan administrators against alleged breach of ERISA fiduciary duty
  • Defend companies against US Department of Labor claims of alleged prohibited transactions
  • Secure individual plan exemption rulings
  • Protect individual employee benefit and pension plan coverage and benefits, in disputes ranging from termination to division of marital property
  • Represent clients in IRS audits and Department of Labor examinations
  • Advise ERISA fiduciaries on plan investments
  • Protect employee’s hard earned benefits under applicable ERISA plans

Employee benefit plans are likely a significant part of an employee’s future and an employer’s success. Therefore, we will work tirelessly to protect the future our clients worked so hard to create.

Free Consultations

Our Charlotte ERISA disability lawyers offer free consultations on all Disability Claims and ERISA matters because we understand the unfair troubles that you are experiencing, which is why we want to help. Call us at 704.919.1519 or send us an email to schedule a time to speak with one of our attorneys.

Marcellino & Tyson, PLLC maintains co-counsel relationships with attorneys in South Carolina, Maryland and in each state in which we assist disability/ERISA clients.

Questions? Please call 704.919.1519.

Confident and Well-prepared

After exhausting the appeal process on my own to reinstate my Long-Term Disability benefits with the insurance carrier, I turned to Bryan Tyson for help. After our initial meeting, I knew that I had chosen the right attorney. Bryan was methodical in his approach, explained why each step was necessary, and nothing was done without discussion, my input, and approval. In less than 6 weeks from when the insurance company was served with the lawsuit, my case settled through mediation! It was during mediation that I gained even more respect for Bryan. He was confident and well-prepared; the amount of research that he did “behind the scenes” was truly impressive. Bryan is a man of integrity who, through this process, also taught me a valuable lesson of patience … and good things really do come to those who wait.

Recent Verdict

Representation of a client regarding his claim for benefits under a long-term disability plan. Specifically, the former employee alleged that he was never provided a “summary plan description” of the long-term disability plan. Under the Employee Retirement Income Security Act of 1974 (also known as “ERISA”), plan sponsors (typically employers) are required to provide employees a summary plan description, which tells employees general information about their plan benefits. Because the employee had not received a copy of the summary plan description, he was unaware of a provision that substantially reduced the disability benefits he was to receive. Based on recent U.S. Supreme Court precedent, attorney Tyson filed suit on behalf of the employee to stop the plan and former employer from reducing the employee’s disability benefits.

We Can Help

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