ERISA / Disability
Craft & Sheppard, PLC | Attorneys at Law
Working for years and paying premiums on employer-provided policies only to learn that you will not be paid the benefits you feel you earned, is stressful and can result in serious financial problems. At Craft & Sheppard we strive to assist clients in obtaining those benefits at a time of personal crisis.
In 1974, Congress passed a law which protects your employee benefits. The Employment Retirement Income Security Act (ERISA) covers your retirement, disability, health, welfare, and other employment-related benefits. ERISA outlines the duties and responsibilities of your employer, as well as your alternatives and options if the employer or their plan administrator wrongfully denies your benefits. These benefits can include those originating from the following:
Short- or long-term disability
Retirement
Life insurance
Health insurance
Pension
Severance
It is important that you hire an attorney at the earliest stage possible because the administrative record needs to be thorough and complete. If it is not, you may be denied your claim which will adversely affect the outcome in court.
Many of the policies have important deadlines for appealing the decision to the company or plan administrator. If you miss the deadline, you could be barred from bringing further action.
Current ERISA law requires that you "exhaust all administrative remedies" before you bring your case in federal court. Although the standard of review by the court varies by circuit, the administrative record is reviewed carefully by the court. That is why it is imperative you retain counsel early and document the record carefully.
We will work with you to interpret the benefit policy, meet deadlines, appeal where appropriate, and provide proper medical, personal, and vocational documentation to the company in support of your claim. We can also file suit and represent you in federal court if needed.
