ERISA & Long Term Disability Lawyers in San Francisco
Providing You with Proficient & Personalized Representation
At 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) 466-8544 or contact us online to schedule a free consultation with one of our knowledgeable San Francisco ERISA attorneys.
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.
Abiding by the deadlines and rules for a complicated law requires the help of an experienced insurance law attorney. At Delfino Green & Green, our lawyers remain at your side throughout the entire ERISA claims process. If your claim is denied, we can pursue benefits through the appeals process. A denial does not discourage us as we have the experience, knowledge, and dedication to take the case to court.
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 ERISA
While 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 You
Selecting 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) 466-8544 and speak with one of our caring and capable ERISA and long-term disability lawyers in San Francisco.