ERISA & Long Term Disability Lawyers in San Francisco

over three decades of legal experience

Over $100M Recovered for our clients

Extensive Jury Trial Experience

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.

Contact Us

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.

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.

Contact Us

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.

Verdicts & Settlements

We've recovered millions for our clients

$10,400,000

Construction Death

The husband and father of 4 young children was working at a construction site when he died because of another contractor's negligence. After more than two years of hard fought litigation, our team of experts was able to win a tremendous victory on behalf of our clients and ensure that all of their financial needs will be met. We could not bring back the husband/father for this family, but we were able to protect them from the financial devastation that can and often does result where the primary source of income for the family is taken away. We then worked with our team of financial planners to make sure that this family will always have financial security.

$10,000,000

Bad 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.

$5,750,000

Traumatic Brain Injury

A 16 year old developmentally disabled kid was hit by a bus while in a crosswalk. He suffered a concussion which turned into post concussive syndrome, where the symptoms of the concussion don't heal completely. This is also known as a mild Traumatic Brain Injury ("mTBI"). Our firm was hired as trial counsel 6 months before trial because of our expertise in TBIs as well as cutting edge trial techniques. When we first associated into the case, there was a very minimal settlement offer and it did not appear that the Defense was taking the case seriously. Our team of attorneys, experts and staff immediately immersed ourselves in the case as we prepared to demonstrate the catastrophic consequences of this incident. Shortly before trial, the Defense could see that we had put all the pieces together to prove liability and that full justice for our young client required damages in the many millions of dollars. The matter settled for $5,750,000.

$2,400,000

Disability Claim

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.

$2,000,000

Traumatic 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.

$1,800,000

Heart 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.

$1,700,000

Builder’s Risk/Collapse

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.

$1,000,000

Heart 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

$1,000,000

Traumatic 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.

$985,000

Traumatic 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.

$975,000

Aviation 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.

$700,000

Forklift Accident

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

“I had the pleasure of working with Sharon Delfino on my workmens comp case. She definitely had my best interest at hand. She was able to find me a great doctor and help me resolve my case. The staff there are always polite and friendly, never had an issue. It was a pleasure working with Delfino Green & Green !”

- Tabitha W

“I’ve known the firm’s founder, Bill Green, for many years and I can say that he is one of the best attorneys I’ve had the pleasure of working with. He and his associates at Delfino Green & Green are hard-working, highly responsive, and very professional, and they get the job done, without excuses. Bill is a great communicator, both with clients, and in Court, and invests time and money to include visual storytelling in his trials and mediations. You won’t find an attorney who cares more about you, and getting you an outstanding result for your case. Bill is one of the “good guys” in the legal profession…a great person to have on your side when dealing with the craziness of litigation.”

- Tim M

“A few years ago, I referred a friend of mine to the attorneys at Delfino Green & Green. He was extremely happy with the job they did on his case. He was severely injured when a car hit him when he was crossing a street and this event had the potential to ruin him in a number of ways – financially, physically, emotionally, etc. We kept in close contact during the lawsuit and he told me how great his lawyer and his assistant were throughout the process. Caring, compassionate and very knowledgeable. My friend ended up with a great result – fair financial compensation and great treatment for his injuries. Little did I know when I referred my friend that a few years later, I would need a lawyer for injuries I suffered, but I did. Based on my friend’s experience, I knew that Delfino Green & Green would be the right attorneys for me. So I hired Bill Green and his team to help and they jumped right into action. Now I can saw that I too have firsthand knowledge of just how great these guys are. They knew the law, they knew just how to handle my particular case, and they helped me get my life back after the horrible events that lead to my injury. I can’t imagine that you could do any better than hiring these folks. I’m so grateful for all they did for both me and my friend.”

- Evelyn A

“The work Delfino Green & Green did on my case was beyond excellent. The final result was superb, but I also truly appreciated how Mr. Green and the team kept me up-to-date at every stage of the case. I was able to reach someone whenever I needed something or had something important to report and the firm always let me know what was going on in my case. That was very important to me because I hadn’t found that to be true with other attorneys. In short, really top flight work, great people and results that met all of my expectations above and beyond.”

- Byron H

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