Pursue Your ERISA Claim Aggressively

     The best way to appeal denial of ERISA disability benefits is to find the key to the labyrinth of rules governing ERISA claims.  Attorneys, not familiar with ERISA law, find it hard to fathom the intricacies of that law.

       Therefore, having faithfully paid your premium obligations through the years, you find the insurance company failing to hold up its end of the bargain. And, it always happens just when you need help the most - when you are sick or injured and unable to earn a living.

      With a claim for long-term disability income denied or delayed, you don't want to stand alone.  You should have a veteran disability income attorney, experienced in pursuing ERISA benefits on your side to help you stand up for your rights.  Such experienced lawyers know you need fast action because of circumstances and they accustomed to acting quickly. .  Our disability attorneys know how to get the job done, including advising on the full and complete medical information every ERISA disability income claim must have to be successful.

      Uscher, Quiat, Uscher & Russo, P.C., has represented ERISA and private disability income insurance clients in New Jersey and New York for more than 25 years.  UQU&R also handles ERISA disability client claims nationwide. Our attorneys have have overturned insurance company denials and secured benefits for claimants under both ERISA disability insurance plans and private disability income policies.

      And, chief among these attorneys is Mike Quiat,  senior partner, who has been practicing for more than 25 years, who has been focusing on ERISA, disability and other complex insurance claims during that period.  Mike has successfully fought just about every major insurance company to win denied benefits for a variety of claimants.

      Moreover, Mike has been a leader in fighting for leveling the playing field for ERISA claimants in New York and New Jersey and throughout the nation by calling for state insurance regulators to ban the discretionary clause from ERISA policies in  their respective states.  The discretionary clause gives the insurance company (the one that would have to pay the claim) the right to decide if the claim is covered by the terms of the ERISA policy.  So, we'll give you one guess which way insurers tend to lean whan exercising their "discretion".

      However, Mike's fight against the discretionary clause bore fruit in 2006 when the State Department of Banking and Insurance outlawed the language from policies issued on and after January 1, 2008.  And although the New York State Department of Insurance railed against the clause in 2006, it failed to take regulatory action until this year (2010) when it issued a draft of Regulation 184 for consideration and, hopefully, final approval. 

       And, once the insurer denies the claim, the ERISA claimant faces a steeper uphill battle than would have been the case if there was no discretionary clause in the ERISA policy.   For more, see Level the Playing Field.

      Clients have direct access to our capable and veteran attorneys: Michael Quiat, Arthur Uscher, Joseph Russo and Patrick X. Amoresano. In addition to ERISA claims, our New York and New Jersey litigation lawyers handle a wide range of legal services and they always keep you in the loop.

     "Fair" is not a word often used in the same sentence with disability income insurance carriers.  They have a poor reputation for paying claims without a fight, even when the claim seems open and shut on its face.  The insurers' forte seems to be finding ways to delay and delay and delay benefits payments to policyholders, particularly when they are in distress, knowing that many will give up the fight, all to  the good of the company's bottom line.

      Many employers offer disability income insurance as a benefit of employment. It provides a financial safety net when one’s ability to earn a living is suddenly halted by a lengthy illness or serious injury. These group policies are regulated by the federal Employee Retirement Income Security Act (ERISA).  This is so whether the employee pays some, all or none of the premiums.

       In addition, millions of Americans purchase and maintain private disability income insurance policies, some to protect themselves by adding private insurance to the coverage provided by their employer (ERISA).  To those seeking to supplement their ERISA coverage, the effect of the discretionary clause may throw a monkey wrench into their overall insurance protection plan, because discretionary clauses make it much easier for group disability claims to be denied.

       Many disability income insurance companies fail to fulfill their responsibilities. They routinely deny reasonable disability claims. This is especially true for claims which are based upon psychiatric or cognitive disabilities.  They force ERISA claimants to jump through an endless sequence of bureaucratic hoops to obtain benefits. Just when you think you’ve satisfied all requirements, they ask for “more information.”   

       But. even if you have established a long-term disability claim and are receiving insurance company benefits, these are cash-strapped times.  Insurance companies are always looking for ways to increase cash by lowering their claims reserve and  transferring those reserves to their available cash column.  To accomplish this, insurers buy out claims and disability settlements on terms beneficial to them and not so good for claimants.  Claimants need a knowledgeable advocate in their corner to help them through the complex details of a buyout and to make sure they get their fair share of the benefits.

     Given the checkered regulatory history of some of the disability income insurers, it is no secret that long term disability and ERISA claims are hotly contested by carriers. Insurers are reluctant to pay ERISA claims.  This 'no-pay" tendency is intensified in tough economic times.  A claimant is at a distinct disadvantage without experienced ERISA legal counsel on  the team.  The stakes are too high for any claimant to go it alone.

The Experienced Advocate You Need

      Our attorneys understand that your bills are mounting. We move swiftly to secure your ERISA claim compensation in the timeliest manner. UQUR attorneys examine your policy, advise on preparing your notice of claim (one of the most important tasks), and direct the speedy, aggressive pursuit of your disability claim or ERISA appeal.  So, if you are getting an administrative runaround or a flat-out denial of ERISA benefits, call Mike Quiat at UQUR.   We can help.

      Mike Quiat is one of the few true practitioners in the highly specialized disability income insurance field. As a New York and New Jersey disability income and ERISA claim attorney, he has secured compensation for clients through direct negotiations with insurance carriers and through federal and state court litigation. He has a keen understanding of disability and ERISA law and the claims handling practices of various insurers. Mike knows what insurance companies can and cannot legitimately demand of insureds and when such conduct crosses the line and becomes bad faith, Mike is always ready to act.

     ERISA litigation is governed by federal law. Your rights and remedies in ERISA claims are different from other insurance claims in state court. Mike will fully explain the process and what to expect in plain, easy to understand language.