Employment Retirement Income Security Act of 1974 (ERISA) is the Federal law that governs group disability insurance plans. With the nation’s labor force rapidly expanding in the early 1970’s, there was a need for quality, low-cost health care. The need for quality, low-cost health care was becoming a major issue. In response, the United States Congress passed ERISA and the President signed the Act into law. The initial intent of the law was to create an incentive for employers to provide quality health care coverage to their employees. Within a few years, the insurance industry began promoting HMOs (health maintenance organizations) and then PPOs (preferred provider organizations) to “offset the rising cost of health care.” In reality, the (national) domestic-policy decisions made about our nation’s health care over the past forty years have led us to the health care crisis we find ourselves in today. Our Florida disability insurance attorneys do everything in our power to ensure your needs are met.
Although ERISA was created with the intent of benefiting employees, insurance companies quickly learned how to exploit loopholes in ERISA. Today, ERISA tends to benefit employers and insurance companies instead of the people it was intended to protect. Many insurance companies now frequently deny claims for disability benefits to individuals who legitimately cannot work.
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If you become sick or injured and your insurance is provided under a group disability policy (through your employer) then you and your insurance company are required to follow ERISA regulations. If this has happened to you then you probably know that ERISA is often misused by employers and insurance companies to delay, deny or terminate insurance benefits. When someone has their disability income insurance benefits denied, the impact is immediate and almost always devastating. If your insurance is through ERISA, and your claim for benefits has been denied, do not waste any time in responding to the denial. Most claimants have 180 days to file an appeal of denial of benefits or risk losing those benefits. The 180-day time-frame begins the day you receive the denial of benefits letter from your insurance company.
If you or someone you love worked for a company that provided a group disability policy for its employees or if you purchased a disability policy on your own, we may be able to help you. As South Florida ERISA lawyers, we help our clients file their insurance claims, appeals and we provide claims oversight through the entire process. Generally speaking, an experienced disability lawyer can communicate more effectively with your insurance company because they know exactly what the insurance can and cannot do.
Contact us today at (754) 212-8242 to learn more about how we can help you.