You will need to have an employer sponsored disability benefits lawyer to hold your employer accountable under the ERISA and any other laws that govern health care and disability benefits and coverage. If the company you’re working for offers health benefits, there is the need for it to comply with ERISA, a federal law that is responsible for regulating the plans that offer these benefits and it must always stick to its promises. The Employee Retirement Income Security Act was enacted to set some federal minimum standards for voluntarily established employee pension and benefit plans in the private sector and also hold employers to strict rules with the intention of protecting employees’ rights to all the promised benefits. The participants can sue to obtain their promised disability benefits and for breach of any fiduciary duty.
A company which breaks its agreement to offer disability or health insurance benefits to a retiree or employee not only infringes your rights but also creates uncertainty and fear for the future. Without the right coverage, a catastrophic injury or serious illness could result in financial ruin. As an employee, you’re entitled to rights to health, disability and many other benefits promised by your employer. An employer sponsored disability benefits lawyer can explain and help you acquire these rights.
Denial of Benefits
In the recent past, we have seen employee loyalty being repaid with the denial of their benefits when they need them most. The denial of benefits has become prevalent in claims that are related to:• Pre-existing health conditions• Long-term illnesses• Pre-certification issues • Residential rehabilitation services for drug addiction or mental health issues
An employer could have made promises to give benefits to such conditions, and the obligations could be enforceable under the ERISA. For instance, ERISA requires coverage for some certain pre-existing conditions. On the other hand, HIPAA tends to limit a new employer’s health insurance plan from excluding its coverage for some preexisting conditions and prevents discrimination against employees or some of their family members based in previous medical claims, conditions or genetic information.
Employee Disability Benefits
If you’re not in a position to work due to a disability, your short-term or long-term disability insurance plan should entitle you to continued pay and benefits during the period of disability. If your employer provides such benefits, the chances are that the benefit plan is governed by ERISA, which actually sets the standards with which the benefit plan should comply and requires that an employer lives up to his promises to offer disability insurance benefits.
Unfortunately, it’s never easy to receive what you’re entitled to. It might feel like being hit when you’re down to be denied the health or disability benefits you require at such a time. If you’re a victim of unfair treatment or have been denied disability benefits, then an employer sponsored disability benefits lawyer can be a good advocate for you. Even when the doctor says that your condition doesn’t allow you to work, you could be denied long-term disability insurance benefits, which is why you might need a lawyer for the same.