You trusted the safety net that you paid into and believed the guarantees and promises that were made. Now something happened and you can’t work, but your insurance company says you have no claim, or that you’re not disabled. Maybe you retired, but you can’t access your retirement benefits, or they are a lot lower than you thought they would be. Or perhaps you had a life-saving medical surgery that you thought was covered by your health insurance, but now the insurance company is refusing to pay and trying to stiff you with the six-figure bill. 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 lawyers fight to get you what you are owed and protect what’s yours.
Insurance and other benefits provided at work usually fall under a federal law called The Employee Retirement Income Security Act of 1974, or “ERISA.” This federal law was created to protect the assets of millions of Americans so that funds placed in retirement plans during their working lives will be there when they retire. However, ERISA covers two general categories of benefits: retirement benefits and welfare benefits. Retirement benefits include all compensation you expect to receive after you leave your job, such as pension benefits or distributions from your 401(k), IRA or other retirement account. Welfare benefits include almost all insurance policies offered through work, such as long-term disability insurance, life insurance, health insurance, accidental death and dismemberment or disability coverage, vision and dental insurance, long-term care insurance, and other similar benefits.
ERISA rules are different from regular insurance and court rules.
If you have been denied any of these types of benefits under a plan provided by your employer, there are many rules involved in appealing these cases and taking them to court that are different from ordinary insurance and contract disputes. One of the special rules about ERISA cases is that the person applying benefits must get all of the information in to support his or her case before the plan makes a final decision; otherwise, that information will not be considered by a court later on if the claim is denied. Also, the rules in ERISA cases usually give the insurance company or decision-maker the benefit of the doubt in court, so knowing what information to submit is crucial to successfully obtaining ERISA benefits.
If you are applying for ERISA benefits, or have applied and been denied, you should consider talking to an attorney who is experienced in ERISA benefits. You should get that attorney involved as early as possible so they can help you with your case.
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, Georgia, Virginia and in each state in which we assist disability/ERISA clients.