What is ERISA?

Helping Clients Understand ERISA Disability Benefits

If you purchased disability insurance on your own from an insurance agent, your claim will not probably be governed by the Employee Retirement Income Security Act (ERISA). But if you have a group policy through your employer, your claim will most likely fall under ERISA. If your claim has been denied, you should talk with an attorney who understands ERISA's effect on your long-term or short-term disability claim.

Delfino Green & Green serves clients in the San Francisco Bay Area and can explain your rights whether your claim falls under ERISA or not. We have decades of experience with ERISA and insurance law that can help you through the disability claims process. If you are disabled and need help getting your benefits, call us.

What is ERISA?

The Employee Retirement Income Security Act (ERISA) is the federal law that governs how employers handle and pay out disability, pension and other employee benefits. Originally enacted to protect employees' benefits, ERISA has been manipulated to benefit insurance companies.

ERISA explains what rights you have when filing a disability claim, including the time frame you must follow and the information and evidence you need to submit. Under ERISA, you can collect only the benefits to which you are entitled, not any additional compensation for your hardship.

In some circumstances, we have been successful in convincing insurers to enter into lump-sum buyouts of ERISA and other disability insurance policies. This prevents insurance companies from forcing you to continually prove your disability and allows you to get a lump sum right away.

Filing for Disability Benefits under ERISA

ERISA provides a complex set of rules that can be tricky to follow. The law states that you must comply with the specific time lines and rules of the administrative claims process. Delfino Green & Green can help you through the claims process under ERISA. If your claim is denied, we can guide you through the appeals process to pursue the benefits you need. And, if your appeal is denied, we have the knowledge, experience and conviction to bring your matter to Court for resolution.

Contact Delfino Green & Green in San Rafael, California

We want to make working with a lawyer as easy as possible for you. Our firm offers free consultations and works on a contingency fee basis, which means we don't get paid unless you get paid. Spanish-language services and evening appointments are available when necessary to best serve our clients.

To learn more about disability benefits and ERISA, contact Delfino Green & Green. We can be reached by phone at 415.442.4646 or by filling out the client form on our Contact Us page.