New Jersey ERISA and Disability Claims Lawyers
The Employee Retirement Income Security Act of 1974 (ERISA) was passed in order to ensure pension plans were managed more responsibly. Ideally, ERISA was supposed to protect employees from the financial mismanagement of their funds by requiring greater reporting, accounting and transparency from plan administrators. However, ERISA, being a federal act, takes precedence over state laws that would have provided a higher level of protection to disabled plan participants. As a result, ERISA unintentionally provided insured plans with a legal prerogative to effectively deny long-term disability claims. Employers who did not want to shoulder the financial cost of a disabled employee could now reduce their insured plan costs by contesting disability claims under the less stringent requirements of ERISA. At the law office of Lum, Drasco & Positan, our Litigation Group has extensive experience in representing clients at the state, federal, and appellate levels in regard to denied ERISA disability claims.
If you have been denied disability benefits owed you under the terms of your plan, contact the law office of Lum, Drasco & Positan today to schedule an appointment to discuss your case.
Why ERISA Presents Unique Issues for Disabled Plan Participants
There are several issues unique to ERISA that must be considered. First, unlike state law, ERISA disputes do not provide claimants with the right to a jury trial
The ERISA Appeals Process
If you are denied disability benefits from by your plan's administrator, you must first complete
Contact Experienced ERISA Disability Claims Lawyers
At Lum, Drasco & Positan, our Litigation Group attorneys have extensive experience in handling ERISA disability claims. We have experience in handling total, partial, and residual disability claims. Our attorneys actively participate in the ABA Tort and Insurance Law Section's Life and Health Insurance Committees and continue to write and lecture on a wide variety of issues related to ERISA and insurance law.
To schedule an appointment and learn how we can help you, contact ERISA disability claims attorney Kevin J. O'Connor at Lum, Drasco & Positan today.