ERISA Disability Claims

smallimage_employmentThe Firm represents individuals who have been denied disability benefits through an employer’s disability policy. If an employer funds, or partially funds the policy for disability benefits, the Employee Retirement Income Security Act (ERISA) may apply.

You need professional assistance if you have received a denial letter from an insurance company or plan administrator stating that you do not meet the definition of disability for either your “own occupation” or “any occupation.” You must appeal within 180 days under the ERISA regulations. There are limited exceptions but you must submit all relevant medical, vocational and other evidence in this administrative phase before filing a lawsuit in court.

The assistance of experienced counsel is often essential at the “administrative review” stage.

The Equal Employment Opportunity Commission (EEOC) reviews claims under Title VII of the Civil Rights Act of 1964 (race and gender) the Equal Pay Act (EPA), the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), and the Genetic Information Nondiscrimination Act (GINA). You must submit your complaint to the EEOC within the time limits for filing claims and you must file an EEOC claim before you may bring legal action for discrimination.

The laws that are enforced by the EEOC are complicated. The Firm has experience in Title VII race and gender based discrimination claims, ADA claims and ADEA claims.