ERISA Disability and Denial of Benefit Claims

Serving Tennessee workers in ERISA benefit claims

Congress passed the Employee Retirement Income Security Act (ERISA) in 1974 to protect employee benefits, investments, and pensions. It is based on federal statutes, but allows  private employers to stipulate their own procedures to file and appeal for ERISA benefit claims.

While started with employees in mind, ERISA has evolved into a more complex law that tends to favor businesses over employees. For your ERISA disability claim, you need an attorney who knows and understands ERISA law and has experience with these cases and appeals.  You need Peter T. Skeie & Associates.

The claims process

ERISA does not require an employer to set up a pension or benefits system, but does required them to establish processes through which to file disability claims and appeals when your claims are denied.  The response—an acceptance, denial, or notification for more time to evaluate the claim—must be submitted to you in writing, usually within 45 days of receipt, and it must cite the reason and legal source for the denial as well as the process for filing an appeal.  If you hear nothing from your insurance company within 90 days of the insurer’s receipt of your claim, it is considered a denial.  You may be eligible to file an ERISA appeal within 60 days of the denial.

Typically, you must exhaust all possible options for filing a claim and an appeal within your company before resorting to a lawsuit.  When you do need to take legal action, contact experienced ERISA attorney Peter T. Skeie.

Disability eligibility

To qualify for ERISA disability benefits, your injury must prevent you from working your normal job for a specified amount of time, usually two years.  Further regulations, decided by your company or your insurance carrier, may allow you to work in another position and still obtain a portion of ERISA benefits.  Your insurance policy explains the specific qualifications for a long term disability under your plan. 

Denial of benefit claims

Many ERISA claims are wrongfully denied.  You are usually allowed just one appeal for benefits under ERISA, so it is critical that you make it count.  An experienced Nashville ERISA lawyer at the law firm of Peter T. Skeie & Associates serves all Tennessee employees in need of long term disability benefits.  Contact the firm today for a free consultation about your case. 

Experienced Tennessee ERISA lawyer helps you get the benefits you deserve

There are many differences between ERISA, workers compensation, and general insurance claims.  It is vital that you hire an attorney who knows these differences and has experience handling ERISA claims, denials, and appeals.

Located in Nashville, Peter T. Skeie & Associates represents workers throughout Tennessee in ERISA claims. For any legal claim relating to this law,  please call 615-313-9111, or contact the firm online to schedule a free initial consultation.