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Get Disability Compensation with an ERISA Lawyer
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Insurance companies work hard to prevent disability payouts. We help people overcome insurer misconduct to secure the benefits they deserve.

Request Free Consultationsee practice areas

Get Disability Compensation with an ERISA Lawyer

__________________________________________________

Insurance companies work hard to prevent disability payouts. We help people leverage ERISA law to overcome insurer misconduct and secure the benefits they deserve.

Request Free Consultationdownload free guide

ERISA Law is Complicated. Know Your Rights.

IF you or someone you know is

older woman concerned about future
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Unable to Work due to injury, illness, or permanent disability

Nearly 25 percent of working Americans will be faced with a disability before they reach retirement age.

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Covered by an Employee-Sponsored Insurance and Benefits Package

Approximately 54 percent of America’s workers earn retirement benefits on the job, and 59 percent earn health benefits.

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Trusting the Insurance Company will Provide Proper Disability Benefits

ERISA protects workers retirement savings from misconduct because many insurance companies try to avoid disability payouts to their customers. You need an ERISA lawyer to defend your rights.

we can help.

Click below to request your free ERISA disability claim consultation. You pay nothing unless we help you obtain benefits. That’s our promise.

Obtain the ERISA Disability Benefits You Deserve

defeat insurer misconduct with a long term disability lawyer

As a former employee you’re entitled to benefits in times like these. But many times those responsible for providing these services are concerned about keeping more for themselves, then giving you what you deserve. 

In 1974, the U.S. Department of Labor passed the Employee Retirement Income Security Act (ERISA) to protect benefit plan participants from corporate misconduct and abuse. But insurance companies still work hard to avoid disability payouts. Something they’re required to do by law.

If you’re out of work due to a health issue, and received disability insurance through your employer, then your insurance company is legally responsible to provide assistance. An experienced ERISA attorney who knows the landscape, can help you stand up to the insurance company so you get the benefits you deserve.

“scott explained things in an easy to understand way. The thing I most appreciated was that he didn’t mislead me into having any false or unrealistic hopes as to the outcome of my case. Thank you so much for your time, Scott.”

 

  

J. Bennet

Hi, I’m Scott Kolligian

My team is here to help

I know how daunting and burdensome the disability claims process can be. I also know how hard it is to find an attorney who understands ERISA’s inner workings.

The law is complicated, and your insurance company will leverage it to keep their pockets full.

What you do now matters. Whether you’re just starting the process or are actively pursuing litigation, we can help you maximize your disability payout so that you can re-establish yourself as a reliable provider for your family.

Frequently Asked Questions

about erisa disability

What is ERISA?

ERISA stands for the Employee Retirement Income Security Act of 1974. It is a federal law that governs certain employer-sponsored benefit plans. These plans usually cover retirement (i.e. 401(k), health insurance, and disability (short-term and long-term disability insurance) benefits provided by your employer. ERISA outlines several strict requirements and deadlines that govern an employee’s application for benefits, submitting appeals on disapproved claims, and how someone can litigate his or her claim in court.

What is an ERISA plan?

The ERISA plan can be referred to as several different things, such as “the policy,” “the long-term disability policy,” or “the LTD policy,” refers to a specific document that is held by the employer and/or plan administrator. It is an official document that covers everything from who in your company is covered for the benefit, to how much you can expect to receive and for how long, to the specific definitions of disability and other important terminology, to how to appeal, and other very important information. The plan or policy is the governing document that directs how the insurance company and/or your employer is to handle your claim for disability benefits.

What is the purpose of ERISA?

ERISA was put in place with the intention of protecting the interests of employees and their families with regard to their pensions, disability insurance plans, healthcare, and other group benefit packages. While it does set forth certain rights of employees, such as access to certain documentation held by the insurance company or decision maker, it also severely restricts an employee’s ability to pursue certain actions against the insurance company for improper denials of short-term and long-term disability claims.

Who is subject to ERISA?

ERISA covers benefit plans provided by nearly every employer in the private sector. Certain benefit plans are excluded from ERISA, including benefits issued by government employers, benefits issued by churches or other religious organizations, and insurance policies that you purchase on your own. There are other exemptions from ERISA, but these are a few of the most common.

How many times can you get denied for disability?

If your application for long-term disability benefits is denied, the insurer is required to provide you at least one appeal, and it may require up to two appeals. Most long-term disability policies permit, but do not require, you to file a second appeal. Therefore, the insurance company potentially could deny your application, deny your first appeal, and deny your second appeal as well, for a total of three denials.

What does an ERISA attorney do?

A skilled and experienced ERISA disability lawyer will speak with the disabled worker personally to make sure he or she fully understands disability policy, the procedures moving forward, and the impact that all medical conditions have on the insured’s ability to perform his or her (or any) job. The lawyer will then put together a thorough plan to gather all of the evidence needed to support the application or appeal for disability benefits, including reviewing any denial or termination letters, reviewing the insurance company’s claim file, coordinating with your doctors, and obtaining and submitting all forms, statements, and medical records to prove your qualification for a disability benefit. A disability lawyer should have experience with appealing denials and litigating these cases in court so that the claim is presented properly from the start.

What does an ERISA attorney do?

A skilled and experienced ERISA disability lawyer will speak with the disabled worker personally to make sure he or she fully understands disability policy, the procedures moving forward, and the impact that all medical conditions have on the insured’s ability to perform his or her (or any) job. The lawyer will then put together a thorough plan to gather all of the evidence needed to support the application or appeal for disability benefits, including reviewing any denial or termination letters, reviewing the insurance company’s claim file, coordinating with your doctors, and obtaining and submitting all forms, statements, and medical records to prove your qualification for a disability benefit. A disability lawyer should have experience with appealing denials and litigating these cases in court so that the claim is presented properly from the start.

How long does it take to receive ERISA disability benefits?

ERISA law states that an insurance company has 45 days after you submit your application to issue its decision on your claim for disability benefits. However, the insurance company is permitted to take up to two 30-day extensions if it cannot make the decision within the initial 45-day period. 

If you are denied, an appeal must be filed within 180 days of the denial, and the insurance company has 45 days to issue its decision after the appeal is received. The insurance company is permitted an additional 45-day extension if special circumstances exist that would require extra time to make its decision. If you are again denied and submit a second appeal (if allowed or required), the same timeframe applies to the second appeal. 

If you have to file a lawsuit, it will likely take several months to over a year for your case to reach a final decision by the judge.

Recovery Starts Here

get the disability benefits you deserve

Request Consultation

Meet with me, not a case manager. I will help you determine the best possible way to present your claim and maximize your benefits.

Build Claim

We coordinate with medical providers and other experts, submit your documentation, and communicate with decision-makers directly.

Get Benefits

We help you obtain the compensation and long-term care you need to re-establish yourself as a reliable financial provider for your family.

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I Need Help with SSI or Social Security Disability

SSD | SSI

I Have a Private Disability Insurance Policy

STD | LTD

I Still Work or Used to Work for the State of Ohio

OPERS | STRS | SERS

Know Your Rights. Get Your Benefits. We Can Help.

During your consultation, I will personally review your ERISA case, explain the best way to proceed, and connect you with other community resources if needed.

 

That’s our promise

Know Your Rights. Get Your Benefits. We Can Help.

During your consultation, I will personally review your ERISA case, explain the best way to proceed, and connect you with other community resources if needed.
 

That’s our promise

need help UNDERSTANDing THE CLAIMS PROCESS?

With this free resource, you’ll be able to quickly identify which programs you’re eligible for, learn simple tips to help you build a stronger claim, and determine when it’s a good idea to seek legal representation.     

By requesting a copy of The Ohio Disability Guide: Understanding the Claims Process in Less Than 10 Minutes, you are authorizing Scott M. Kolligian, Esq., to contact you via the email address provided. You may opt-out at any time .