Disability Insurance Lawyer Straight Talk: How To Win Your Long Term Disability Case

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Most people are not aware that if their long term disability is provided through their employer, disputes arising thereunder are subject to the federal law of the Employee Retirement Income Security Act (ERISA). As such they are not covered by state law. In most of these cases it is almost impossible to win fair compensation against the disability insurance company.

Thus, the best way to win a long term disability insurance case is to prove it is not an ERISA case. A good Disability Insurance Lawyer can help walk your case through the ERISA land mines. You need a Disability Insurance Claim Lawyer to explain the ERISA exemptions to you and help strategize the best approach to your long term disability insurance case.

When you seek benefits under a disability insurance plan, your claim will be exempt from ERISA and governed by state law if your claim falls under one of the following disability insurance plans:

1. Public Entity Employees: If you are employed by a public entity or Indian Tribal government and the plan was created for public entity employees, the plan is exempt from ERISA.

2. Church Employees: If you are a church employee and the plan was created for church employees, the plan is exempt.

3. Business owner: If you are a business owner or the spouse of a business owner and no employees are injured under the plan, the plan is exempt.

4. Professional Organization: If you are a sole proprietor under a plan offered by a professional association which is open to sole proprietors without employees, the plan is probably exempt.

5. Safe Harbor Provisions: If you are injured under a plan which falls under the "safe harbor" provisions of ERISA. If no contributions are made by your employer or employee organization to fund the plan, and if participation is voluntary, in some circumstances, the plan is exempt.

One very important thing you need to keep in mind is to not rely on the disability insurance carrier for legal advice. Disability insurance carriers will often conclude a claim is governed by ERISA, when it is not. In other words, even if your disability insurance carrier says your claim is governed by ERISA, don't rely on this conclusion. If this occurs to you, be sure to consult with a Disability Insurance Claim Lawyer.

Disclaimer

This article is not legal advice. I am simplistic in order to achieve clarity. If you are denied long term disability insurance benefits you are strongly advised to consult with a Disability Insurance Lawyer.

About the Author:
Bill Turley is a San Diego Disability Insurance Lawyer and a San Diego Disability Claim Lawyer. We can help get your case resolved if you need to go on with your life.



Article Originally Published On: http://www.articlesnatch.com


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