Seattle ERISA Attorneys
ERISA Claim Management for Disabled Individuals
Long-term disability insurance benefits should be there to help you make ends meet after you are unable to hold gainful employment due to disability. Unfortunately, using the insurance benefits you get through your employment or a privately purchased plan is not always so simple, especially when an insurance company gets the idea to deny a claim without proper reasoning. Kantor & Kantor, LLP and our Seattle ERISA lawyers are here to help you deal with insurers – or even your own employer – so you can confidently pursue the long-term disability (LTD) benefits you need and deserve.
Our team focuses on insurance denials. Call (877) 740-6576 now to learn more.
What Exactly Is ERISA?
If you are getting LTD insurance coverage through your employer, then there is a high chance that the policy is governed by the Employee Retirement Income Security Act (ERISA). This act was drafted to protect retirement pensions and disability insurance benefits guaranteed to workers who earn them. Within ERISA, there is a list of rules and regulations that insurance companies and financial institutions must follow. When one of these regulations is violated, it can open up the doors to an ERISA violation investigation and lawsuit, which could end with the company being fined and the worker gaining much-deserved compensation.
Common ERISA Violations
Four of the most common causes of ERISA violations are:
- Unjustified claim denials
- Firing an employee to cancel benefits
- Breach of fiduciary duty owed to policyholders
- Losing policyholder benefits due to negligence
How to File an ERISA Appeal
Many people come to our doors because they need help with filing an ERISA appeal after their claim was wrongly denied. The process will never be “fun,” but it doesn’t have to be a serious detriment. Let us navigate your case through the procedure, so you don’t have to worry about the stress of it all.
The appeals process will generally include the following steps:
- Identifying the authorized representative if not yourself
- Gathering relevant medical and financial records
- Reviewing the insurance policy for specific instructions regarding appeals
- Create the appeal and a statement as to why it should be honored
- Filing the appeal via certified mail
- Issuing a response and planning for litigation if the appeal is unsuccessful
Our Seattle ERISA lawyers can help you with every step along the way for your appeal and then some. We are focused on achieving the best possible outcome that gives you the most money and/or benefits.
Taxing ERISA Settlements
An important thing to note about your ERISA settlement, assuming that your case can achieve one, is that it can be taxed. Lump-sum settlements paid to claimants at the end of a successful ERISA case are subject to federal income taxes because it is seen as a source of income. The amount that your settlement is taxed can change from case to case and your own tax situation, but it is important to expect it. Our attorneys can help you understand your case fully as it develops, including if you should expect to have your settlement taxed.
What Is an ERISA Complaint?
What Is an ERISA Lien?
Can ERISA Claims Be Arbitrated?
What Our Seattle ERISA Lawyers Can Do
Insurance companies thrive when claimants try to go against them alone because they know that they can get away with tactics that an ERISA attorney would never allow. When you choose us to guide you through your LTD insurance benefits case or claim, a key benefit of our assistance or representation will be knowing that you have all the knowledge and experience of our team at your disposal. From responding to insurance company inquiries to challenging denials, you never have to guess if your next step is the right one because we will be there leading the way.
Our legal counsel is available for all types of ERISA-related cases, such as:
- Disability insurance claims
- Bad faith insurance cases
- Health insurance claims
- Life insurance claims
We can also help you better understand whether or not you qualify for long-term disability insurance benefits in the first place. Insurance companies often try to make it seem like only a small number of physical disabilities make a claimant eligible for benefits, but this not always the case. While most claims do involve a physical disability like degenerative disc disease or cancer, mental health difficulties like bipolar disorder or depression can sometimes justify LTD benefits, too. It would be our pleasure to help you figure out your benefits or challenge an insurance company denial head-on.
Schedule an appointment with our ERISA attorneys in Seattle today.
“Your kindness will never be forgotten.”- Lori & David
“First of all, I want to express my extreme gratitude for probably saving my daughter's life.”- Anonymous
“I won the appeal.”- Terry S.