ERISA Law

The Employee Retirement Income Security Act (ERISA), enacted by Congress in the year 1974, governs most long term and short term disability claims. When ERISA Law is applied, employees may take benefit from a full range of legal rights which protect the employees’ best interests, above anything else. However, there are numerous conspicuous pitfalls in ERISA Law that claimants seeking compensation and restitution for disabilities must prepare themselves for.

The ERISA Law includes the federal statute, 29 U S C ß 1001, et seq., regulations, which appear in Chapter 29 of the Code of Federal Regulations, and decisional law of the Federal Courts. Although Congress, in drafting the ERISA Law did not intend it to cover medical or disability insurance plans, the bill, nevertheless, was signed into law containing the phrase "employee welfare benefit plan." The result of this was that federal courts’ interpretations of the said phrase has made ERISA Law controlling in almost every private employee benefit, including disability, health, life and pension plans.

When the ERISA Law is made applicable, most other claims are consequently pre-empted, meaning no punitive damages are made available to the complainant, regardless of how despicable an insurance company’s tactics have been and no matter how unfair the denial.

For more information, call Mesriani Law Group today.