What Is ERISA?
A Law That Got Hijacked By Insurance Companies
The Employee Retirement Income Security Act of 1974 (“ERISA”) is a complex federal law that was originally designed to protect employees’ access to disability, health care, pension and severance in the event of a serious injury or prolonged illness. As originally written, if an employer’s insurance company refused to pay out on a benefit claim, the employee had the option to pursue a claim through a federal appeals process.
Over time, however, insurance companies succeeded in changing how ERISA is interpreted and implemented. It’s a classic example of how an industry lobbied to change a law originally conceived to benefit individuals into a weapon to be used against them.
Our Lawyer Can Level The Playing Field
At the Pennington Law Firm, LLC, in Birmingham, Alabama, we fight for the rights of employees throughout the southeastern U.S. whose valid benefit claims have been denied by insurance companies. Our experience includes ERISA cases where:
- You received less money than you should have according to the terms of your long-term disability policy
- The plan administrator claims you were not employed by the company at the time you became disabled
- The insurer argues that you are capable of working a different job and thus not eligible for benefits
Attorney John Pennington has successfully handled many hundreds of insurance claims since 1990. He is also medically trained, and uses his knowledge of injuries and diseases to help clients properly document their conditions so as to obtain the disability benefits they deserve.
Why You Need An Experienced ERISA Lawyer
Because ERISA has changed dramatically since it was first introduced, employees who wish to appeal denied insurance claims using ERISA must tread carefully. Employees must first appeal the claim through several administrative processes. If the claim is still denied (and it probably will be), you only have a limited amount of time to file an appeal in federal court. Furthermore, no new evidence will be admitted if the claim goes to court.
Therefore, if your insurance claim was denied, you need experienced help right away. An experienced ERISA attorney like Mr. Pennington can handle your claim in such a way as to ensure that your benefits will not be limited down the road. Contact us by calling (205)314-5735 for a free initial consultation.