ERISA Disability Insurance Dispute Lawyers
Policyholders involved in ERISA disability insurance disputes frequently do not understand that they have very few rights in the ERISA appeals process. Because ERISA regulations protect the insurance companies rather than policyholders, you will not be able to resolve the insurance dispute in the traditional manner: before a judge and jury. In most circumstances governed by ERISA there is:
- No jury trial
- No punitive damages
- No compensatory damages
- No right to submit evidence
- No right to testify in your own defense
- No right to depose expert witnesses
A policyholder who disputes an ERISA disability insurance denial does have the right to an internal appeal of the decision. During this appeal, the only facts that will be considered are those contained in the case file. You will not be able to add anything from the witness stand.
Our firm is at the forefront of expanding the rights of ERISA policyholders by challenging the unfair restrictions on basic legal remedies described above. We will advocate for entitlement to the broadest panoply of damages possible, and will leave no stone unturned in the effort to expand ERISA's regulatory protections.
Building Your File
At Pillsbury & Levinson, LLP, we will first help you obtain your case file so that you can see the information the judge will consider in your appeal. Next, we will help you build your file with information favorable to your position.
For example, we may ask you to write a letter to yourself responding to the disability insurance claim denial and explaining specifically why the decision to deny was wrong. A copy of the letter will be placed in the case file.
Complying with Regulations
The ERISA appeals process includes meeting strict deadlines and complying with specific procedures and regulations. Many disabled people are denied benefits for failure to follow the process. Our ERISA attorneys have more than 17 years of experience helping disabled people appeal their claim denials and win the disability benefits they have a right to receive.
To discuss your disability insurance dispute, please contact our law firm today. From offices in San Francisco's Transamerica pyramid, our ERISA attorneys represent clients throughout California.
