• David Martin

The "Good" of ERISA: Obtaining Your Claim Record



There is a lot of unfairness for claimants and participants with ERISA. In the words of the United States Department of Labor, “The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that sets minimum standards for most voluntarily established pension and health plans in private industry to provide protection for individuals in these plans.”


ERISA may apply to long-term disability, short-term disability, life insurance, pension and retirement benefits.


There are a lot of bad things about ERISA, but there are also good things about ERISA that if used to your advantage can drastically and positively impact your claim.


The first good thing about ERISA is that unlike a state law insurance claim, an ERISA claim has disclosure obligations. That means before you file a lawsuit, the insurance company, the plan administrator, or the claims administrator, whoever is deciding the claim, has an obligation to produce certain documents whenever there is adverse action taken on your complaint. And, clearly a decision to not pay your benefit is that adverse action.


At that point in time, you have a right to request in writing a copy of the claim record and all of the documents which were relied upon to make that decision. These documents should be produced within 30 days of the receipt of your request for those documents.

One thing many people don't know but that is an important advantage with ERISA is that before you go into litigation, the courts want you to exhaust every effort to convince the insurance company, the plan administrator, or the claims administrator to pay your claim.


It is crucial that you take advantage of this "good thing" about ERISA and request your claim record. Often, the letter denying your claim won't make sense to you and may contain boilerplate lanugage that states you don't meet the definition of disability or your medical condition doesn't rise to such severity as to impose any restrictions or limitations. And, all these decisions will have been made about you without ever looking at you or without talking to your doctors. Unfortunately, many claims are denied simply because they can deny them.


If you don't request the claim record, you are shooting in the dark, and you won't know the real reason why your claim was denied. If you need assistance after your long-term disability claim has been denied, contact an experienced ERISA disability lawyer or long-term disability lawyer today at 800-284-9309.

Contact us today for a free initial consultation.

The Martin Law Group is dedicated to being your go-to ERISA attorneys and long term disability lawyers. Whether you are pursuing a long-term disability claim, life insurance benefits, or your pension or retirement benefits, we will meet with you face-to-face to discuss your claim at a location convenient for you. 

 

In an effort to make disability claims as easy as possible, we offer a free initial consultation. We often work with clients in Huntsville, Mobile, Birmingham, Montgomery, Dothan, Tuscaloosa, and Florence, in Alabama, as well as with clients in Columbus, Meridian, Jackson, Hattiesburg, Tupelo, and Gulfport, Mississippi, and surrounding areas.

Contact us today for a free consultation.

Long term disability attorney
Long term disability lawyer alabama

Tuscaloosa Office

2117 Jack Warner Pkwy
Suite #1
Tuscaloosa, Alabama 35401
Toll-Free: 800-284-9309
Local: 205-343-1771

Birmingham Office

The WSK Building
2323 2nd Avenue North
Birmingham, Alabama 35203
Toll-Free: 800-284-9309
Local: 205-343-1771
  • Long term disability lawyer
  • ERISA disability lawyer
  • Retirement benefits lawyer

© 2020 by The Martin Law Group, LLC

Sitemap | Legal Disclaimers | Privacy Policy

Website proudly created by Cartography Consulting.

DISCLAIMER: The information presented on this website should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Therefore, no information of any kind that you provide us before such a relationship is created is confidential or privileged.

Furthermore, no representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.