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What is ERISA Law?

What is ERISA Law?

ERISA is an acronym for the Employee Retirement Income Security Act of 1974 (ERISA). It is a nationwide regulation that places minimum principles for the majority of voluntarily substantiated retirement and health plans in the private sector in order to furnish safeguards for people with these plans.

In plain language, ERISA is designed to verify that you receive the benefits you deserve and were vowed to you by your employer. If you don’t, ERISA gives you the right to sue.

What Are my Rights When Filing a Disability Claim?

In California, the Employment Development Department (EDD) is responsible for statewide Disability Insurance (DI), which is an element of the State Disability Insurance (SDI) program. This program furnishes a portion of wage replacement benefits to California workers who are eligible and unable to work because of a non-work-related ailment, affliction, or pregnancy. These benefits are paid for by California workers through payroll deductions.

Employees may receive benefits for a maximum of 52 weeks. You have the right to receive weekly benefits amounting to anywhere between $50 to $1,252. Depending on your income, you may receive benefits of around 60-70% of your average wages that you earned 5-18 months before the date your claim began.

What do I Have to do to Receive Benefits?

In order to receive disability benefits, certain conditions apply:

  • You must file a claim for DI benefits using the SDI Online or a paper claim form.

  • You must serve a non-payable waiting period of seven days.

  • You must have earned at least $300 in wages that were subject to SDI contributions while you were on your 12-month base period.

  • You must have your doctor attest to your disability by filing the Physician/Practitioner Certification.

Don’t do it Alone

While this process may seem simple enough, having an attorney on your side can make all the difference for the success of your case. The experienced attorneys at Delfino Green & Green are highly skilled in ERISA law and have recovered millions on behalf of clients. Don’t take your chances.

Call us at (415) 466-8544 today about your potential case.

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