Caring For Clients Since 1958

ERISA Attorney Explains ERISA Claims

Last updated on July 17, 2024

ERISA is a federal statute enacted in 1974. ERISA stands for the Employee Retirement Income Security Act. It applies to employer-sponsored group insurance policies which cover more than 150 million Americans. There is only one reliable way to appeal denied ERISA claims for long-term disability or life insurance benefits, and that is to know how to unlock the often complex rules that govern ERISA claims. Even many attorneys are not familiar with the intricacies of ERISA law. It is, therefore, necessary to work with an experienced ERISA attorney.

After faithfully paying premiums for years through your place of employment, insurance carriers may refuse to hold up their end of the bargain and refuse to make disability payments under ERISA. For most policyholders, denied ERISA claims happen when they need their benefits the most since they’re sick or injured and unable to work.

When that happens, Uscher, Quiat, Uscher & Russo, P.C.‘s veteran ERISA attorneys, say “DON’T TAKE ‘NO’ FOR AN ANSWER.” ERISA is a complex federal law that comes with its own rules and timetables, which are very strictly enforced by federal judges. What you need is a veteran disability insurance attorney who is experienced in pursuing ERISA benefits so that you can get through the claims process successfully.

How Our New York And New Jersey ERISA Lawyers Can Help

Our experienced New York and New Jersey ERISA lawyers are accustomed to acting quickly. This is because we know that our clients are hurting physically, psychologically and economically. Our ERISA lawyers know how to get the job done, starting with the detailed and complex claim forms that are required by every single disability insurance carrier. This is the time to hire a lawyer to make sure you get it done correctly. Waiting until a claim is denied is sometimes too late.

Uscher, Quiat, Uscher & Russo, P.C., has represented ERISA, LTD, life and disability insurance clients in New Jersey, New York, and throughout the United States for more than 35 years.

Our lawyers have made ERISA, disability income, life insurance, and other complex insurance claims our specialty for more than three decades. Uscher, Quiat, Uscher & Russo, P.C., has successfully fought nearly every major insurance company to win ERISA denied benefits for a variety of claimants.

In addition to this, our attorneys have been leaders in the fight to level the playing field for ERISA claimants in New York and New Jersey, and throughout the nation. We have called for state insurance regulators to ban so-called “discretionary clauses” from ERISA policies in their respective states.

Such “discretionary clauses” give insurance companies nearly unlimited authority to approve or deny ERISA claims. And for many policyholders, this unfortunately means that they are denied benefits.

Once the insurer denies the claim, the ERISA claimant faces a much steeper uphill legal battle than would have been the case if the ERISA policy had not included a “discretionary clause”. You should not take an ERISA claims battle lightly.

Learn more about how our attorneys can help you overcome the pitfalls of an ERISA claim:

Do You Know If Your Disability Plan Is Covered By ERISA?

Claim denials are frustrating. When a claim for long-term disability or life insurance benefits is denied, that denial can have a devastating impact on your future. Our experienced lawyers at Uscher, Quiat, Uscher & Russo, P.C., have been providing legal counsel and advice for complex insurance and disability claims to clients in New Jersey and New York for decades.

Understanding the intricate requirements of the Employment Retirement Income Security Act (ERISA) is critical to a successful ERISA claim or appeal. Our team can quickly determine if your LTD plan is covered by ERISA.

Assuming that your employee benefits include long-term disability insurance, you and your New Jersey/New York ERISA disability lawyer will need to clearly understand how the policy defines a disability. This is in order to know whether or not you qualify for benefits under the policy.

ERISA Requirements And Standards

Benefit plans under ERISA in the private industry are voluntary. Employers are not required to offer any such plans, but if they do, such plans must comply with ERISA. To be covered under ERISA, your plan must meet minimum federal requirements.

Under a covered ERISA plan, those who manage and control your benefit plan’s assets must also have a defined fiduciary responsibility. There must also be an appeals process so that plan participants can challenge the denial of their benefits.

If you are having difficulties obtaining your benefits under an employer-sponsored retirement plan, our experienced ERISA lawyers can help by answering your questions, providing assistance with filing a claim or appealing a denial.

Contact Our New York And New Jersey ERISA Attorneys For A Free Consultation

At Uscher, Quiat, Uscher & Russo, P.C., we commit ourselves to keeping clients informed and involved.

Call our ERISA attorneys in New York and New Jersey at 201-781-5645 for a no-cost phone consultation.  See how we can help you with an ERISA, life, or disability claim. Call or email us and we will contact you promptly.