Employee Benefits (ERISA) Law
ERISA refers to the Employee Retirement Income Security Act. The federal law was passed in 1974 to establish “minimum standards for most voluntarily established pension and health plans in private industry” to protect people covered by these procedures.
The law requires these plans:
- To inform company employees about plan features and funding
- Establish minimum standards for participation, vesting, benefit accrual and funding
- Give financial responsibility to those managing and controlling plan assets
- Require that there be a grievance and appeals process for workers to get their benefits
- Give workers the right to sue for benefits and for failure to maintain financial responsibilities
- If the plans are terminated, guarantee that workers will be paid certain benefits by a corporation established by the federal government (Pension Benefit Guarantee Corporation)
ERISA applies only to people working for private industry, not to government workers.
Disability and Health Insurance Claims
The federal government provides extensive information on health insurance guidelines on a Department of Labor website. Another website provides a vast amount of information for workers on their benefits and details employer responsibilities. Still another set of pages describe claims procedures, to whom they apply, what is covered, the relationship between ERISA requests for benefits and Medicare, and many more aspects of ERISA coverage.
The question and answer section of the ERISA website that explains benefits to patients and obligations of the employer sponsoring a particular plan is long and complex. This portion of the “Compliance Assistance; Group Health and Disability Plans; Benefit Claims Procedure Regulation” explanation of group health and disability claims is particularly long and intricate, as are many ERISA explanations.
Was Your Claim Wrongfully Denied?
If you applied for payment for disability and your claim was denied, you may still believe you are entitled to benefits. But trying to slog through the government’s explanations of eligibility, processes you must complete, timelines required, and other details about your ERISA benefits may prove to be daunting. It is for many people.
If you believe your claim was wrongly denied, you should speak with a Austin ERISA lawyer who can help guide you through the process. Trying to be your own advocate in an ERISA case is beyond the abilities of many persons, because of the complexity of the rules and regulations. It is in your own best interest to contact an attorney with experience in this field of law.
Scott Royal Smith is a lawyer who has many years of experience successfully helping people who are sick or have disabilities get the compensation they deserve under the ERISA law or from insurance companies.
He is experienced in representing people harmed by the misconduct of others. You will be impressed with his knowledge of the intricacies of the ERISA law and his determination to fight for you to see you get what you deserve.
To schedule a private consultation with Mr. Smith, contact our office today. He will listen to the details of your circumstances and will provide you with a clear and honest assessment of your case.