Forcing a Claim Into ERISA

New York Disability Insurance Claim Denial Attorney Representing NY Clients Forced Into a “Governed by ERISA” Status

If you have a privately-purchased disability income insurance policy and you receive a claim denial or termination letter from your disability insurance company that refers to the Employee Retirement Income Security Act or “ERISA,” you should be alarmed. Insurance companies often use unfair tactics to limit customer’s benefit payments after a claim filing. If you believe that your insurance company is claiming that your policy is governed by ERISA in order to limit its obligations, you need to consider your legal options. Gisonni Law Firm fights for the insured. Our firm understands the impact a deviant insurance company has on an innocent person, and we are ready to push back. If you need quality legal support, contact Gisonni Law Firm for a consultation today.

What is ERISA and How are Insurance Companies Benefiting?

ERISA is a federal statute enacted in 1974 that was supposed to benefit human beings with retirement benefits, and those insured under disability and health insurance coverages provided by their employers.  Generally, disability coverage provided to employees through their employment is governed by ERISA.  The manner in which the law developed over time, however, has caused headaches and disability claim losses to disabled employees for decades.  That is because in part because the law gives a great advantage to insurance companies administering these group policies.  Disabled insureds don’t have a right to a jury trial, generally don’t get to present evidence at trial, and judges are required to defer to the insurance companies’ decisions to deny disability claims.

Private Policies are Rarely “Governed by ERISA”

Those rules don’t apply to private policies.    It is extremely rare for privately-purchased disability insurance policies to be governed by ERISA.  For example, insurers try to claim private individual policies bought at the same time by a group of physicians from the same company and through the same broker are governed by ERISA.  That is usually not the case.  If you have a policy that you bought and paid for on your own, and the disability company claims it is governed by ERISA, call an experienced disability attorney.

Contact Gisonni Law Firm

If your insurance company claims that your policy is governed by ERISA, you should contact an attorney. Insurance companies employ unfair tactics to limit or stop payouts of claims filed by innocent people every day. Unfortunately, their goal is to make a profit, not support their customers who need them. If are in a similar situation, contact Gisonni Law Firm for a consultation today.