ERISA and Non-ERISA Disability Insurance Coverage
It matters who your employer is and who paid for your disability insurance when it comes time to file a claim or appeal. Below are some of the main differences between ERISA and non-ERISA disability insurance.
At the Law Offices of Laurence F. Padway, we handle appeals of both ERISA and non-ERISA disability insurance policies.
ERISA disability insurance is typically provided by your employer in private industry. To file an appeal after a disability claim has been denied by an insurance carrier in an ERISA framework, you will need to go through an administrative appeals process which may include arbitration.
In our experience at the Law Offices of Laurence F. Padway, we have observed that it is often a mistake for an individual to attempt to handle this administrative appeal process on his or her own. The stakes are high and so are the risks of making a fatal error, missing a deadline or failing to comply with detailed and stringent requirements set forth in ERISA laws.
Non-ERISA disability insurance is typically insurance that you purchased on your own, either because you are self-employed or because you wanted additional protection. To file an appeal after a disability claim has been denied by an insurance carrier in a non-ERISA situation, you may file a lawsuit in state court.
Call or e-mail the Law Offices of Laurence F. Padway in Alameda to schedule a consultation regarding your disability insurance claim.
Making Insurance Companies Pay Your Claim the Way You Paid Your Premium
You have paid non-ERISA premiums faithfully. Or your employer has paid for your ERISA disability insurance policy. Now you have a debilitating condition and are unable to work, and your insurance carrier has denied your claim. At the Law Offices of Laurence F. Padway, we argue that disability insurance companies should make good on their own policies. After all, you paid your premiums according to the insurance carrier's requirements.
Call or e-mail the law firm to schedule a consultation regarding your disability insurance dispute in Northern California.
