ERISA & Long Term Disability Lawyers in San Francisco
Providing You with Proficient & Personalized RepresentationAt the law firm of Delfino Green & Green, our attorneys have decades of experience with the Employee Retirement Income Security Act (ERISA) and insurance law. The disability claims process is complex and often discouraging when valid claims are denied. Our San Francisco ERISA lawyers help Bay Area residents who have been disabled and need help evening the odds they face. Backed by more than 30 years of in-depth legal experience, we have a comprehensive understanding of ERISA and long term disability laws. As a result, we have recovered tens of millions of dollars for our clients in verdicts and settlements. We can help you, too.
Call us today at 415-442-4646 or contact us online to schedule a free consultation with one of our knowledgeable San Francisco ERISA attorneys.contact us now
What is ERISA Law?ERISA is a federal law that governs employers’ handling and paying out of disability, pension, and other benefits. The act explains the rights you have when filing a disability claim, including the time frame and evidence necessary for a successful claim. ERISA covers only the benefits you are entitled to, not additional compensation for any hardship.
In simple terms, ERISA is meant to make sure you get the benefits you deserve and were promised by your employer. If you don't, it gives you the right to sue.contact us now
The claims process typically proceeds as follows:
- You experience your disabling incident
- You contact a capable ERISA and long-term disability lawyer
- We file your disability insurance claim to your insurance provider
- If denied, we regroup and file a claim appeal with your insurance provider
- If denied, we file a lawsuit against your insurance provider demanding full and fair benefits
- If that gets denied, we take it all the way to the US Court of Appeals and present our case
Who Does ERISA Protect?ERISA applies to private-sector companies that offer pension plans, retirement plans, and welfare benefit plans to employees. This includes partnerships, sole proprietorships, LLCs, S-corporations and c-corporations, nonprofit organizations, and small businesses with only one or two employees. If you work for any private employer or company, you are likely covered by ERISA in some form.
ERISA does not apply to:
- Government employers and entities
- Churches and religious institutions
- Benefit plans that are maintained solely for complying with workers’ compensation, disability, or unemployment laws
- Unfunded excess benefit plans
- Plans maintained outside of the United States for the benefit of non-resident aliens
Types of Benefits Protected Under ERISAWhile ERISA applies to a wide range of employers, it only covers certain types of benefits. It is best to consult with an attorney to determine which of your benefits are legally protected.
Generally speaking, ERISA applies to the following:
- Defined-benefit and defined-contribution funds
- Medical, dental, vision, and prescription insurance plans
- Health reimbursement accounts (HRAs)
- Flexible spending accounts
- Disability insurance plans
- Long-term care insurance plans
- Severance plans
- Business travel insurance plans
- Scholarship benefits
- Welfare benefits plans such as 419(e) and 419(a)(f)(6) plans
How We Can Help YouSelecting an ERISA lawyer can be overwhelming. However, working with a lawyer at our firm can help make a complicated process easier for you. We offer a free initial consultation during regular office hours, as well as evenings and weekends. All ERISA claims cases are handled on a contingency basis, meaning that we only get paid when you get paid.
Call us today at 415-442-4646 and speak with one of our caring and capable ERISA and long-term disability lawyers in San Francisco.contact us now
Verdicts & Settlements
We've recovered millions for our clients
$10,000,000Bad Faith Insurance Claim
Insurance Coverage/Bad Faith Bad Faith – Pollution Coverage Prior to forming his own firm, Mr. Green worked at one of the largest and most prestigious firms in the U.S. He was the primary attorney on an environmental insurance case that went to trial in San Francisco. After a several week trial, Mr. Green came away with a trial verdict against the insurers with a value of over $10,000,000 in available insurance coverage.
Disability – Neurological Issues Our client became disabled from neurological issues. Our attorneys were able to work with the client and his physicians to quickly assemble all of the documentation necessary to support out client’s claim of total disability. The insurer agreed that our client was totally disabled and paid his claim.
$2,000,000Traumatic Brain Injury
Traumatic Brain Injury to Child A three year old child was being carried across the street when she was struck by an oncoming car. The child suffered a serious traumatic brain injury when she hit the ground. Her injuries were so serious she had to be hospitalized for several months. Our firm negotiated a settlement of $2,000,000 by forcing the payment of all of the available insurance from the driver’s automobile insurer ($1,250,000), the entire amount of the homeowners insurance limits available ($500,000), and all of the amounts that the person carrying the little girl was able to recover from the negligent driver ($250,000). We then arranged for another firm to prepare and fund a large Special Needs Trust for the health and welfare of the injured child.
$1,800,000Heart Condition Disability
Our client became disabled by a heart attack. The insurer refused to pay, claiming that our client was still able to perform his occupation. We met with all of our client’s doctors, obtained reports confirming the client’s inability to perform his prior occupation, and ultimately convinced the insurance company to pay the claim in full.
A contractor suffered a severe collapse at one of his sites. The claim was submitted to the insurer and denied. Mr. Green reviewed all of the facts, researched the law, and brought together the necessary experts to prove that the Contractor’s Builders Risk insurer was responsible for a substantial portion of the loss. He also proved that a subcontractor was negligent and the subcontractor’s insurer also paid a substantial settlement. In total, Mr. Green was able to obtain more than $1,700,000 in compensation for his client.
$1,000,000Heart Condition Disability
Our client had worked for the government for many years when she began suffering from a serious heart condition. All of her doctors told her that she could no longer work and if she continued to do so, she would be risking further injury to her heart or even death. Based on thi
$1,000,000Traumatic Brain Injury
Our client suffered a mild Traumatic Brain Injury when heavy object struck her in the head. The responsible party denied all fault and insisted until the very end that our client had not suffered a brain injury and offered nothing to settle the case. Our firm assembled a team of world renowned expert‘s to demonstrate that our client had suffered a mild Traumatic brain injury. The case settled shortly before trial.
$985,000Traumatic Hand Injury
Our client was working at a manufacturing plant. While operating a piece of machinery, his glove became caught in the machinery and part of his hand was severely injured. Ordinarily, this type of injury would be restricted to remedies available through Worker’s Compensation. However, through the knowledge, ingenuity, and creativity of our team of attorneys, we were also able to obtain a very substantial civil settlement for our client in addition to the workers comp settlement of his case.
$975,000Aviation Death Settlement
A husband and father of two small children was killed in an aviation accident involving a small aircraft. Our firm represented the widow and two children against the pilot of the aircraft. By hiring experts in aviation (to prove negligence) and economists (to prove damages), and utilizing William Green’s expertise as an instrument-rated pilot, we were able to make a very powerful case and obtain a very favorable settlement that allowed the family to survive financially.
A construction supervisor went to pick up some materials for a construction job. A worker at the yard neglected to set the parking brake on a piece of heavy equipment a few yards away. While the construction supervisor had his back turned, the machine rolled into him, pinning him against the side of his pick-up truck. He suffered several broken ribs, but that was the least of his injuries. Within several weeks of the accident, he had partially lost his sight. By working with medical experts, our firm was able to directly connect the sight loss to the injuries caused by the machine that rolled into our client. The case settled at Mediation without any need for a trial.
Words of Praise from Our Clients
“Such amazing and professional attorneys. I would (and have) highly recommend Bill Green to anyone who needs a professional and classy individual for representation. I was self represented for a year and a half, and the opposing attorney was just disrespectful, and unprofessional with her personal opinions which spun the case out of control. Bill has the right attitude and level headed legal knowledge to assert whats wrong and bring justice where it is needed. My case is very much on the right track because of Bill.”- amy w
“Bill Green taking my case was life changing, I truly do not know what I would have done had I not retained his services. It was not easy finding a competent lawyer such as Bill in this field. Bill and his team are incredibly caring, ethical and kind, that is not easy to find these days. When Bill or a member of his team say they will do something, it gets done. Bill and team are always patient and make time for me. What stands out the most is Bill’s expertise, professionalism, knowledge and concern for his clients best interest. With his calm and approachable demeanor, genuine caring personality, I always feel I can contact him. Bill is an incredibly competent lawyer and a true gem. I would (and have) highly recommend Bill Green to anyone needing representation.”- staci g
“Delfino Green & Green handled my disability case in the San Francisco Bay Area and I recommend them highly. Bill Green was thorough in evaluating my case and explaining the issues to me. I felt they were a strong advocate and were attentive and concerned with protecting my best interests. They kept me up to date and communicated well. I am a physician and was referred to them by another physician so they can be called ‘the doctors’ lawyer.’”- Kenneth F
“The attorneys here are simultaneously the most competent and the most willing to go above and beyond for their clients in the areas of law they practice. The attorneys here are extremely competent, and the attorneys at this law firm have inspired me to practice law not for money nor personal glory, but for simply making a positive impact on people’s lives and on society, especially for individuals who have been wrongly treated. This firm embodies every attribute that an ideal attorney should carry in their careers. From tenacity to compassion and going above and beyond for the sake of their clients, you’re truly in the best hands if your case is lucky enough to be accepted by these high level attorneys.”- daniel c
Request Your Free Consultation Now
Get the firm legal guidance you need with Delfino Green & Green