What Is ERISA And How Does It Affect My Ocala, Florida Disability Claim?
The Employee Retirement Income Security Act (ERISA) was created to protect Americans’ retirement assets. This was to be done by implementing certain rules that employer provided retirement plans must follow. These rules were put in place to ensure that fiduciaries could not misuse plan assets. Under the Act, plans are required to provide participants with information about their plan’s funding free of charge and on a regular basis.
The Employee Retirement Income Security Act also put in place specific minimum standards for vesting, participation, benefit accrual, and funding for retirement accounts. The Act specifies how long an employee can be required to work before becoming eligible to participate in a certain retirement plan, before beginning to accumulate benefits, and before having a right to access those benefits. It also establishes a list of detailed rules that require the retirement plan’s sponsors to provide funding for the plan. Accountability of plan fiduciaries is required. The Act defines a fiduciary as anyone who has control over a retirement plan’s management or the assets the plan holds, including anyone who may provide investment advice regarding the plan. Fiduciaries who do not follow the rules can be held personally responsible for restoring any losses to the plan.
In addition to making sure that participants are informed of their rights, ERISA grants participants the right to sue for any breach of fiduciary duty. The Employee Retirement Income Security Act guarantees payment of certain benefits to ensure that participants are not forced to lose their retirement contributions, if their plan is terminated. The rules created by the Act also apply to both long-term and short-term private disability insurance provided by most employers. It regulates how disability benefit claims are processed, the timeline allowed for processing your disability claim, and your rights, should your disability claim be denied. These regulations are complex and require the assistance of an Ocala, FL disability law attorney. Not all retirement plans or insurance benefits are subject to the terms of ERISA. The Act does not cover plans that are created and maintained by either government entities or churches.
We Advocate For Our Clients Throughout Every Stage Of The Disability Insurance Claims Process
If you are reading this page, chances are you or someone you love is suffering from a disability and you are looking for answers. Answers to questions such as “What do I do now? What happens if my disability claim is denied? How do I appeal the denial of my benefits?” We can help you apply for disability benefits, appeal the denial of your disability claim or file a lawsuit to get your disability benefits.
At CJ Henry Law Firm, PLLC, we uniquely combine our years of experience in medical and law to deliver high success rates for all of our clients. Our experience, compassion, deep understanding of medical terminology and analyses, and unbridled legal tenacity have earned us great success for our clients. We seek equal access to justice for disabled individuals wrongfully denied benefits by their disability insurance company, and are committed to doing so for you.
CJ Henry Law Firm, PLLC takes a more focused approach, offering each client exhaustive research and considerable support throughout the process. Much of disability law turns on medical documentation and vocational specialists. We thoroughly investigate and research the opposition and our client’s medical and legal issues to present the most compelling argument in appealing our client’s denied or terminated claims.
Do you want a lump sum payment from your disability insurer? It may be possible to get the disability insurance company to pay you a lump sum now instead of continuing with payments in the future. We can help you decide whether getting your insurance company to buyout the claim is in your best interest. If you would like a buyout, we will negotiate with the insurance company to assure you get the best outcome.