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ERISA Disability Claims

ERISA Disability Claims

Experienced Representation from New York Disability Claims Attorneys

Have You Been Denied Your ERISA Disability Claim? In 1974, the United States Congress passed the Employee Retirement Income Security Act (ERISA) to help ensure that workers had an opportunity to participate in a government-backed retirement pension and disability insurance plan. Unfortunately, workers covered under ERISA plans often struggle with receiving the disability insurance benefits they are entitled to after an injury or sickness. Often, the amount of record-keeping is burdensome, or a minor mistake made on the initial claim form will cause insurmountable confusion.

If you have been denied disability benefits under an employer-sponsored policy, your claim is likely governed by the Employee Retirement Income Security Act, otherwise known as ERISA. ERISA was intended to help employees and protect their benefits, including total disability and short term disability benefits. Unfortunately, since its enactment, ERISA has been more effective at protecting the employer than the employees.

Do You Need A New York ERISA Claims Attorney to Represent You for Claims?

Insurance carriers will seek to deny individual disability claims or seek to limit long term disability insurance benefits, forcing you to sue them under the ERISA statute. This will require a lawsuit in Federal Court. There are very specific and particular aspects to ERISA litigation and you will need a New York disability claims lawyer who has experience with that process in order to be effectively represented. Certainly, it will be confusing and frustrating to attempt to handle this process on your own.

You should talk with and hire an experienced New York disability claims lawyer before you submit your administrative appeal. Often times when a client is denied coverage, the denial letter will recite certain provisions of ERISA giving the insured the right to file what is known as an internal appeal with the insurance carrier. It is absolutely critical that you have an attorney during this process as you will be foreclosed from submitting additional material once that appeal has been concluded. Getting it right during the appeal process is the single most important component of a successful lawsuit down the road in Federal Court. An experienced New York ERISA claims lawyer will know how to gather persuasive evidence for inclusion in the administrative record on appeal.

Remember, insurance carriers have a myriad of resources, including staff who are well-trained in finding creative ways to deny or terminate your claim, oftentimes unjustly. In order to adequately prepare yourself and to level the playing field, it is essential that you retain competent attorneys experienced in ERISA litigation. Additionally, utilizing a New York disability claims attorney during the initial claims process will improve your chances of being approved. Legal representation will help not only with initial claim approval, but potential settlement following initial denials down the road.

ERISA was enacted to protect the rights of workers. We fight for your legal rights.

If you have been injured on the job or denied disability insurance benefits under ERISA, the experienced attorneys at Hacker Murphy can help you file and receive the benefits you are entitled to. You don’t have to be afraid of losing too much of your insurance benefits to legal fees either.

Under ERISA, in some cases we may apply to the court to have your insurance company pay a portion of your legal fees; we may simply charge a contingency or flat fee; or some combination of both. The bottom line is, if we don’t collect money for your claim, you won’t pay anything further. It’s only fair.

Denied disability insurance? Fighting large insurance companies alone is tough.

ERISA claims must be paid through a private insurance carrier such as UnumProvident, Colonial Life, The Hartford, Berksire Life, Prudential or New York Life. Insurance companies don’t pay insurance claims without a fight. Put our experience on your side. Our New York Erisa claims attorneys will handle everything for you.

Whether you have been injured, have become sick, or have suffered a health problem causing you to be unable to do your job, we can help you fight for your disability benefits. Contact us for a free consultation today. We will discuss the process and what to expect over the next several weeks and months. At Hacker Murphy, you will always be kept fully informed as your case progresses.

We handle all legal matters relating to claims, including long term and short term disability:

  • Short term and long term disability claim submissions
  • Denied disability insurance claims
  • Administrative Appeals pursuant to ERISA
  • Federal ERISA based lawsuits
  • Non-ERISA individual disability claims

Our commitment to client service and attention to detail has earned our firm recognition as a preeminent ERISA law firm. Senior partner James E. Hacker is a member of the National Order of Barristers. He is past president of the Capital District Trial Lawyers. Our team of experienced trial attorneys offers years of litigation experience handling ERISA claims.

Hacker Murphy also represents clients with the following injury cases:

Contact us now to learn more about how we can help you get the benefits you are entitled to. We offer convenient meetings at any of our four law offices in Albany, Schenectady, Troy, and Saratoga Springs. Call us at (518) 284-3183. Time is of the essence, do not delay.

Have Questions?

  • If I hire an attorney but do not want to go to trial, can I settle?
    In the course of preparing a case for trial, your personal injury attorney will work with the defense attorneys and insurance companies in an effort to secure a fair settlement for you and your family. The final decision to accept an offer of settlement or go to trial is yours alone to make.
    Contact us now to discuss your case with one of our experienced attorneys.
  • If arrested, what steps can I take on my behalf?

    1. Do not discuss your situation with anyone except your attorney.

    2. Unless your attorney says otherwise, do not discuss your case with law enforcement.

    3. Request to have your attorney present if you are to be put in a lineup or subjected to testing.

    4. Remain calm and courteous. Allow your attorney to speak for you to ensure that your rights are protected and you are given all the benefits afforded to you under the law.
    Contact us now to discuss your case with one of our experienced attorneys.

  • What is the difference between criminal procedure and civil procedure?
    When a crime has been committed, action is taken by a government agency against the person, persons, organization or other entity that violated the law. The first purpose of a criminal prosecution is punishment, which frequently consists of a fine or jail time. In a civil matter, the dispute is between two or more individuals or entities. The first purpose of a civil prosecution is obtaining compensation for the wronged person or entity. Settlement in a civil matter is generally an award of a money judgment. A criminal sentence is not imposed in a civil matter.
    Contact us now to discuss your case with one of our experienced attorneys.