ERISA vs. Non-ERISA Claims

Philadelphia, Pennsylvania, Disability Insurance Law Firm

It is very important that individuals making a claim under a private or group disability (non-ERISA) policy contact an attorney familiar with disability insurance law as soon as possible upon learning they may need to make a claim. But, it is
imperative that those covered under ERISA guided group policies do so immediately. The process for disputing denial of claims under plans that fall within the Employee Retirement Income Security Act of 1974 (ERISA) is much more stringent and places additional limitations on the claimant. For instance, an individual cannot dispute that an insurance carrier is acting in bad faith in denying the claim. However, in non-ERISA cases, disability claimants often have the right to file separate lawsuits against their insurance companies for acting in bad faith with respect to the handling of their disability claims. Every insurance carrier has the fiduciary duty to each of its insureds to act in good faith while processing their claims. Furthermore, ERISA based plans are exempt from state regulation.

Learn more about insurance bad faith.

Also, under ERISA, vs. non-ERISA claims, a claimant must hit the ground running to ensure that all the steps and procedures are followed. It is a long process filled with many pitfalls for those inexperienced in handling such claims. . It can be daunting task for an able-bodied person let alone for one who is suffering from illness or injury, the inability to go to work, and the worries about how to support a family. Our lawyers are very familiar with the process and can help guide you through all the necessary steps to increase the likelihood of your success. If you have been denied an employment benefits disability insurance claim that falls within scope of ERISA regulations, contact an attorney well-versed in ERISA vs. non ERISA claims right now.

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