ERISA: Long/Short Term Disability Benefits
Many employers purchase group long-term disability policies without fully understanding the implications of those commitments. Employees who sign up believe they are guaranteed as long as their doctor says they are disabled. Unlike an individual policy, a group of federal laws known as the Employee Retirement Income Security Act (ERISA) of 1974 governs these benefits. These cases are administrative. A Judge, not a jury, decides your case based on the administrative record.
What is ERISA?
ERISA stands for the Employee Retirement Income Security Act, a group of laws passed in 1974 by the United States Congress, which regulate employee benefits. Nearly any person that participates in a pension or group insurance plan through their employer is covered by ERISA. Ironically, ERISA was not originally designed to control medical or disability insurance plans, but the phrase in the act "employee welfare benefit plan," has been interpreted by federal courts to allow ERISA control over nearly all private employee benefits, including health, disability, life and pension plans. The following is only a partial list:
- 401(k) Plans
- Pension Plans
- Health Insurance (including continuation coverage under "COBRA")
- Long Term Disability ("LTD") Insurance
- Some Short Term Disability ("STD") Insurance
- Life Insurance
Ms. Henry has limited her ERISA practice to Long Term Disability (LTD) and some Short Term Disability (STD) claims. This area of practice compliments the other practice areas of our firm and enables us to provide a comprehensive package to our clients.
Why do I need a lawyer?
♦ Long-term disability policies governed by ERISA require considerable expertise to understand. It is not unusual for insurers and employers to deny disability benefits. Sound medical documentation and expert testimony can be powerful weapons against a biased insurance provider. An experienced ERISA lawyer knows how to use them.
♦ Understanding your rights under ERISA often requires a close read of the relevant documentation, as well as a deep background in medical terminology. Claudeth Henry, a Registered Nurse and experienced, aggressive lawyer, can help apply federal laws and her medical knowledge with passion and energy.
ERISA lawyers who understand this law’s many implications and apply them carefully tend to be in short supply. Thankfully, at Sims, Stakenborg & Henry, PA an Experienced ERISA Disability Lawyer is only a phone call away.
(Principal Office)
118 SW Fort King Street
Ocala, Florida
(352) 629-0480
(Satellite Office)
802-A N.W. 16th Avenue
Gainesville, Florida
(352) 337-0065
