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.

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.

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.

Fighting for Your Right to Disability Insurance

Sometimes, a disability is not a disability. Suffering an injury or being diagnosed with a serious illness that prevents you from working means that you are disabled. However, your insurance company may not agree. Its definition of disability may require you to meet specific characteristics in order to qualify for benefits.

At the law firm of Delfino Green & Green, our San Francisco long term disability attorneys believe that information is power. Educating you on the process of applying for disability benefits helps you understand what is necessary to demonstrate to your insurance company that you are entitled to benefits. The issues related to the application and any appeals or litigation are complex, but they do not have to remain a mystery. In the end, we want you to have peace of mind by having the knowledge of the steps to take toward a more stable future.

How Insurance Companies Define Disability

Insurance companies generally write disability insurance policies using two definitions: Disabled and totally disabled.

This is broken down further as follows:

• Own occupation disability – this is defined as the inability to perform the material and substantial duties of the job you held before you became disabled.
• Any occupation disability – a disability that prevents you from performing work in any occupation that you are suited for based on age, training, experience, education, and station in life. This is a more challenging definition to meet than own occupation disability.

Policies will typically state that “own occupation” covers a set period of time before changing to “any occupation.” This change-over period is typically when insurance companies re-evaluate, and often deny, claims. When that happens, it is time to seek advice from an experienced San Francisco long term disability attorney at Delfino Green & Green.

The Legal Representation You Need

With vital information at your disposal, you and your physician can make sure that the insurer is provided with all of the necessary information and evidence. With this data, we stand by your side and help get you the benefits you deserve through approval of your claim, reversal of a denial or appeal, or by prevailing in court.

Put Decades of Experience in Your Corner

Fibromyalgia is a disease that is often misunderstood. Individuals with fibromyalgia often experience chronic and widespread pain, exhaustion, difficulty sleeping, and other symptoms. Because fibromyalgia can be so debilitating, it can be difficult for those living with this condition to work.

At the law office of Delfino Green & Green, we can help you pursue a fibromyalgia long term disability claim or help you pursue an appeal if your long term disability claim has been denied. To learn more about our experience and how we can help, please contact our San Francisco-area law office today.

Seeking Long Term Disability Benefits for Fibromyalgia

Fibromyalgia is a condition that is difficult to diagnose. Many individuals have to seek second or third opinions from other doctors before an accurate diagnosis is made. But even with an official diagnosis, it can be difficult to successfully obtain long term disability benefits. This is why it is important to work with an attorney throughout the process of seeking benefits.

Several common symptoms of fibromyalgia include:

• Widespread pain
• Fatigue
• Cognitive difficulties

Get Help With Your Case Today

If you have been diagnosed with fibromyalgia and wish to seek long term disability benefits, talk to an attorney from our firm. We understand how debilitating this condition can be, and we are committed to helping you seek the long term disability benefits you need and deserve, both under ERISA and non-ERISA policies. We work with medical experts, when necessary, to get the medical evidence information needed to proceed with your claim.

Put Decades of Experience on Your Side

Nothing is more frustrating than being unable to work due to a disability and having your valid benefits claim denied. It is important to not give up. The benefits process does not end with an initial denial. It may only be the first step in the process. At the law firm of Delfino Green & Green, our San Francisco long term disability lawyers can continue the pursuit of benefits through a disability insurance appeal. We will work hard to hold your insurance provider to the promises that it made. There is too much at stake to give up on the quest for benefits that you are entitled to by law.

We Will Handle All Details of Your Appeal

Our long term disability lawyers in San Francisco are dedicated to helping you take advantage of an important opportunity and strengthening your legitimate claim. The first step is to identify if your claim file is missing something. An updated doctor’s report, medical records, or a recent test result may strengthen your claim in the appeals process. In denials related to Employee Retirement Income Security Act (ERISA) claims, the materials submitted to the insurer may be the only evidence of your disability that a judge will see. An appeal is another chance to get things right by adding information to the record. It also serves as a prerequisite for filing a lawsuit for ERISA benefits. All files of rejected claims are reviewed with attention to detail to ensure a wealth of relevant evidence of your disability, specifically your doctor’s thorough diagnosis and assessment, with zero gaps. Here are several reasons why you should trust us to handle your appeal:

• Our attorneys have over three decades of in-depth legal experience in disability insurance law
• We have a comprehensive understanding of this area of law and all of its related aspects
• Our lawyers have recovered tens of millions of dollars for our clients over the years
• We have significant trial experience and enormous success in and out of the courtroom