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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.

Recent Review

5 / 5 stars
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.

Verdicts & Settlements
We've Recovered Millions for Our Clients

  • $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.
  • $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

  • “Bill Green is exceptional in the courtroom.”

    Terry L.

  • “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.”

    Daniel C.

  • “Bill Green taking my case was life changing, I truly do not know what I would have done had I not retained his services.”

    Staci G.

  • “Bill has the right attitude and level headed legal knowledge to assert whats wrong and bring justice where it is needed.”

    Amy W.

  • “I felt they were a strong advocate and were attentive and concerned with protecting my best interests.”

    Kenneth F.