WARNING: COMPANY-SPONSORED INSURANCE PLANS MAY FALL SHORT
Frank N. Darras, the top insurance lawyer in the nation, warns that the Employee Retirement Income Security Act (ERISA) may no longer protect employees the way it was originally designed to do in 1974. “Because amendments have been passed over the years that protect the insurance industry more than workers, consumer remedies like the right to a trial by jury, emotional distress and punitive damages are not available under ERISA,” say Darras.
People see ERISA everywhere today; for example, it’s on insurance documents, on your group certificate and on some of your insurance I.D. cards. “Not many people understand what that means,” says Darras.
“It doesn’t matter what level you are within your company, ERISA leaves all employees without a remedy,” states Darras.
If you don’t understand ERISA, here’s how it works:
-- Whether you are the CEO or a secretary no one in America is protected under ERISA. When we get our group insurance benefits at work we lose our 7th amendment to a trial by jury; under ERISA there is no remedy for emotional distress, punishment or extra-contractual damages. It’s hard for people to believe but under ERISA there is no discovery, no depositions, no interrogatories and no trial on the merits. In fact, under ERISA the insured has to prove beyond a reasonable doubt that the group insurer was wrong in order to overturn a wrongful denial. How are you going to do that if your lawyer can’t submit any new evidence that wasn’t a part of the administrative record.
--Make sure that you comply with all mandatory appeals and be sure you hire stellar ERISA appeals counsel so you provide all the evidence you are going to need when the case proceeds to Federal court under ERISA.
The Piranha are Biting
“Life and disability insurance can be affected by ERISA as well as your medical insurance,” says Darras. “ERISA does not allow you to collect anything should you lose your home to foreclosure, lose all your equity in that home or have your credit destroyed.”
Life insurance is treated no different under ERISA than group Medical or Disability. The best thing you can do is get your own insurance. If you financially can’t do this and you are wrongfully denied medical claims, find a top ERISA appeal lawyer to assist you. You can’t take on this battle by yourself.
Tags: Short Term Disability Appeal Lawyer, Short Term Disability Benefits
Short Term Disability Appeal Lawyer Short Term Disability Benefits
