ERISA DISABILITY CLAIM LAWYERS
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We bring justice to our clients who have suffered at the hands of hospitals, insurance companies and doctors. Contact us today for a free consultation. We’ll assess your case and advise you of your legal rights.
If your Disability Claim was Denied, Call Saffren & Weinberg
When you file a disability claim, you don’t worry that it will be denied. Yet, your insurance company has done just that. This is the insurance company that you paid into, especially for a group disability policy offered by your employer. Sadly, under the guidelines that are formed by ERISA, filing a claim and receiving the benefits that you deserve is harder than it should be. Also, ERISA cases are not decided under state law, but instead, complex ERISA standards apply.
ERISA is unique. A disabled claimant or employee must adequately prepare and plan to have the best chance of prevailing. It is crucial to design a plan that will be successful for prevailing in the denial of a disability or pension claim. It is critical that you consult with a qualified attorney to maximize your chances of winning the case. If an administrative ERISA appeal does not end in success and a federal lawsuit is necessary, it is essential to understand that the federal court may not be able to look at any other files than what the insurance company provided them with.
What do you do when your disability claim is denied? You get a lawyer who has experience with ERISA claims. ERISA stands for Employee Retirement Income Security Act, which falls under federal law. ERISA disability claims are very different than claims from insurance companies governed by state law. There are strict rules and timeframes that must be followed or you will lose your appeal. You only have 180 days from the date of the receipt of the denial letter to appeal.
ERISA Appeals Process
The first step is to file an appeal directly to the insurance company that denied your original claim. The ERISA regulations require the insurance company to explain the reason for the denial as well as provide any information needed for the claimant’s appeal. The insurance company will use confusing jargon in doing this, causing the claimant to give up. Or, the complexities of an ERISA disability claim overwhelms the claimant. Don’t let this happen to you! Our attorneys will help you understand each step of the process, including any possible issues that can come up. Next, you will need to prepare an administrative record. It is made up of a number documents pertaining to your claim. We take care of obtaining the documents and ensure they are completed correctly.
We will help you understand:
- The reason for the denial – the insurance company has 45 days to make a decision on your ERISA appeal. They are also allowed two 30-day extensions.
- The grounds for an appeal – you only have one chance to submit the administrative record. Once submitted, you cannot add information to it.
- Your medical records – these are your medical records from your treating physician. The insurance uses doctors to review these records. They don’t know have the knowledge your doctor has about your injury.
- Your legal options – there is the option of filing a federal action, which will prove the person from the insurance company did not properly review your case.
There is no trial for an ERISA claim appeal. There is only a judge who will base his or her decision on your administrative record. We fight for your rights and will get you the compensation you deserve.
Saffren and Weinberg Law Offices can help you with your fight against ERISA. Our dedicated team of attorneys will make sure you get the compensation that you deserve and need. We prepare each ERISA claim as if we have to present it to a jury. We have the experience to gather evidence, including medical, legal and vocational issues, to overturn the insurance company’s ruling. All administrative efforts must be done before you are allowed to file a lawsuit in federal court.
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Get all the facts you need to understand the inner workings of your case. Saffren & Weinberg is here to provide you a voice for justice. We want to help you get the compensation you deserve.
Short Term & Long Term Claims
Not sure what your disability is classified as? Learn the differences between short term and long term disability claims and how each case is handled.
Social Security Disability
The chances of your initial SSDI or SSI claim being denied are extremely high. Fortunately, an experienced social security lawyer can help.
Have you already applied for social security benefits and been denied? This isn’t out of the ordinary. We can help you with the appeals process.
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